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(영문) 대구지방법원 2017.04.28 2016가단12035

건물명도

Text

1. The defendant shall be the plaintiff.

(a) order the real estate listed in the separate sheet;

(b) KRW 2,018,360 and as regards this, it shall be dated 2016.

Reasons

1. The party's assertion

A. Plaintiff 1) around December 198, 1998, the Plaintiff: (a) went to the Plaintiff’s fashion school operated by the Defendant; (b) came to know with the Defendant that it became close to each other; (c) the Plaintiff was urged from the Defendant to purchase real estate listed in the attached Table (hereinafter “the apartment of this case”); and (d) purchased it and completed the registration of ownership transfer on January 4, 2005.

3) After that, as the Defendant’s economic situation is difficult, the Plaintiff had the Defendant reside free of charge in the instant apartment from April 20, 2006, and the Plaintiff demanded the Defendant to leave and leave the instant apartment on several occasions due to the Defendant’s failure to leave even after a certain period of time has elapsed. 4) Accordingly, since the Defendant occupied and used the instant apartment from April 20, 2006 without authority, the Defendant is obliged to order the instant apartment from April 20, 2006 to return unjust enrichment equivalent to the rent from April 20, 206 to the time of ordering the instant apartment.

B. Defendant 1) The Defendant was married to the Plaintiff, and the Plaintiff and the Defendant were actually living together with their husband and wife. 2) Upon receiving the Defendant’s request to purchase the instant apartment from the Defendant’s wife, the Defendant purchased the instant apartment with the Defendant’s funds, and the registration of ownership transfer was made in the name of the Plaintiff due to the relationship in which the Defendant was running his business. The actual owner of the instant apartment was the Defendant and the Plaintiff merely

3. Therefore, the defendant does not possess and use the apartment of this case without authority.

2. Determination

A. The plaintiff completed the registration of ownership transfer on January 4, 2005, and on January 19, 2005, taking into account the following facts: Gap evidence Nos. 1 and 2-2 with respect to the owner of the apartment of this case and the duty of explanation, the plaintiff completed the registration of ownership transfer on the apartment of this case on January 4, 2005.