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(영문) 제주지방법원 2017.03.17 2016가단51650

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

In full view of the reasoning of Gap evidence No. 2 and the purport of all pleadings as to the cause of the claim, since real estate listed in the separate sheet (hereinafter “the loan of this case”) is the Plaintiff’s ownership, and the defendant possessed the loan of this case, barring any special circumstance, the defendant is obligated to deliver the loan of this case to the plaintiff, barring special circumstances.

The defendant's argument as to the defendant's assertion is that the defendant's attached Eul sold 70,00,000 won which is half of the market price of the loan of this case to the plaintiff, and the 54,000,000 won is replaced with the loan of this case, and the remaining 16,00,000 won is received from the plaintiff at a later appropriate time, and the plaintiff was notified of the payment of the remainder, but the plaintiff was not paid the balance, and the plaintiff was cancelled the sales contract of the loan of this case. The plaintiff should transfer the ownership of the loan of this case to C in accordance with the duty of restoration. Thus, the plaintiff's argument on the premise that the plaintiff's ownership is owned is without merit.

The following circumstances, namely, the Plaintiff’s maternal relationship D and the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her