건물명도(인도)
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance is closely examined, the fact-finding and judgment of the court of first instance are recognized as legitimate, and such fact-finding and judgment are cited in accordance
However, the following supplementary judgments are added to the grounds for appeal by the defendant.
2. Supplementary judgment
A. The Defendant’s summary of the Defendant’s assertion is not the possessor of the instant real estate, and thus, did not take unjust enrichment from the possession of the said real estate.
B. (1) The possession of an object refers to the objective state in which a person is deemed to have a factual control under the concept of society, and thus, a factual control is not necessarily required to control the object physically and practically, but should be determined in conformity with the concept of society by taking into account the time and spatial relationship with the object, the relationship between the object and the principal right, the possibility of another person’s control, etc.
(2) In light of the overall purport of witness F’s testimony and pleading, the Defendant, along with his/her family members (hereinafter “Defendant’s house”) in Eunpyeong-gu Seoul (hereinafter “Defendant’s house”), resided in Nho Lake (hereinafter “Defendant’s family members”) from April 23, 2012 and resided in the deceased E’s family members from April 2012 with the consent of the deceased E, and the Defendant resided in the Defendant’s mother under the same building No. 15 to 20, and the Defendant resided in the Defendant’s new house as the Defendant’s mother under the same building No. 15 to 20, and 24, comprehensively taking account of the overall purport of witness F’s testimony and pleading. The Defendant continued to reside in the Defendant’s new house, but the Defendant’s family members have resided in the instant real estate up to 17, 2015, and the date of the move-in report.