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(영문) 대전지방법원 2016.05.24 2015가단36584

건물명도등

Text

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

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on March 26, 2010, on the real estate listed in the separate sheet (hereinafter “instant real estate”). < Amended by Presidential Decree No. 22135, Mar. 20, 2010>

B. The defendant currently occupies the real estate of this case.

[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading

2. According to the above facts, the defendant who occupies the real estate of this case is obligated to deliver the real estate of this case to the plaintiff, who is the owner of this case.

The Defendant asserts that the Plaintiff borrowed money from the Plaintiff and transferred the instant real estate to the Plaintiff, but the Plaintiff demanded more money than the amount loaned by the Plaintiff.

However, there is no evidence to deem that the Defendant has a legitimate title to possess the instant real estate, and there is no assertion and evidence to deny the Plaintiff’s ownership. Therefore, the Defendant’s above assertion is without merit.

3. The plaintiff's claim of this case is accepted on the ground of the reasons.