건물명도(인도)
1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.
2. The costs of lawsuit are assessed against the Defendants.
1. On January 20, 200, the Plaintiff determined the cause of the claim is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendants possessed the instant real estate until now due to the marital relationship with the parties, or are recognized according to the purport of Gap evidence Nos. 1 through 5 and the entire pleadings.
Therefore, barring special circumstances, the Defendants jointly have the duty to deliver the instant real estate to the Plaintiff.
2. Judgment on the defendant's assertion
A. The defendants asserts as follows.
Defendant C’s external accommodation paid down payment and intermediate payment to F at the time of the introduction of Defendant C’s words, and resided in the instant real estate by Defendant C around February 2, 2005. Defendant C concluded a sales contract on the instant real estate with D and paid part of the purchase price to D, and completed the move-in report on February 14, 2005. The Defendants were residing in the said real estate from around that time.
D The real estate in this case was sold to the Plaintiff and merely embezzled the sale price by F, an employee of the Plaintiff, and the Defendants legally possess the real estate in this case.
B. As long as there is no evidence to acknowledge the Defendants’ assertion that the Defendant entered into a sales contract for the apartment of this case, E, or D, and paid the down payment and intermediate payment to F, the Defendants’ assertion is without merit as long as the Defendants are unable to prove the title to lawfully occupy the real estate of this case.
3. Conclusion, the plaintiff's claim is justified and acceptable.