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(영문) 인천지방법원 2017.11.16 2017나1462

건물명도

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

Attached Form

The real estate indicated in the list (hereinafter “instant building”) was owned by the Defendant, who completed the registration of ownership transfer on November 14, 1996, but the registration of ownership transfer was completed in the name of C on August 21, 2006, and thereafter the registration of ownership transfer was completed in the name of the Plaintiff on October 27, 2015.

The Defendant completed a move-in report on the instant building on October 30, 1996, and used the second floor of 86.21 square meters (hereinafter “instant housing”) from around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and a lease agreement made between C and defendant or defendant's wife F is false, and no lease agreement on the housing of this case (hereinafter "lease agreement of this case") exists.

Furthermore, there was a fact that the instant lease contract was concluded.

Even if this is the sole purpose of bond security or it is null and void because it was concluded with false conspiracy, the defendant must return the house of this case to the plaintiff, and the unjust enrichment equivalent to the rent due to the occupation and use of the house of this case should also be returned.

The Plaintiff’s claim against the Defendant is unlawful, because the Defendant’s claim is F and the Defendant is merely a family member living together.

It is not so.

Even if the defendant or F is a tenant with opposing power under the Housing Lease Protection Act, he or she has the title to legally occupy the housing of this case.

In a lawsuit for the performance of judgment on the performance of this safety defense, the defendant's eligibility is a matter of whether the plaintiff is a person who was designated as a performance obligor from the plaintiff, and whether the defendant is actually obligated to perform the obligation. Therefore, the defendant's defense

The facts of recognition as to the cause of the claim include the number with Gap evidence Nos. 4, 5, and Eul evidence Nos. 1 through 7.

(c).