beta
(영문) 대구지방법원경주지원 2017.04.06 2016가단4870

건물인도

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 the absence of dispute, or comprehensively taking account of the purport of the entire pleadings, evidence Nos. 1 and 2, the defendant may recognize the fact that he occupies the building of this case listed in the separate sheet, owned by the plaintiff. Thus, unless there is no right to justify the possession of the building, the defendant is obligated to deliver the building to the plaintiff as the owner

Since the Defendant agreed to purchase the instant building from B, the person having the right to provisional registration, the Plaintiff’s claim is groundless. However, there is no evidence to acknowledge the Defendant’s assertion, and the fact that the Defendant agreed to purchase the instant building from the person having the right to provisional registration does not necessarily mean that there exists a right to justify the possession

Therefore, the defendant's argument is without merit.

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.