건물명도(인도)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1.The facts following the facts of recognition do not conflict between the parties, or may be found in full view of the entries in Gap evidence 1 to 9 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings:
The defendant is residing in the house of this case.
The instant house is an unregistered building.
B. On August 1, 2005, the Plaintiff purchased 165 square meters in Daegu-gu, Daegu-gu (hereinafter “instant land”) from the Defendant, and completed the registration of ownership transfer on the same day.
C. On January 15, 2009, the Defendant confirmed that the Plaintiff had resided free of charge in the instant land until the instant land is developed, and prepared a written confirmation to the effect that the Plaintiff will only reside in the Plaintiff without sub-lease, etc. to a third party.
On June 1, 2016, the Plaintiff expressed his/her intent to demand the transfer of the instant land to the Defendant on the ground that he/she sold the instant land to a third party. Accordingly, on June 10, 2016, the Defendant responded to the sale of the instant house from Aerob C&C Co., Ltd. on June 10, 2016. The Plaintiff sent to the Plaintiff a written statement stating that he/she was promised to reside in the instant
E. The Plaintiff paid property tax on the instant housing from July 2007 to September 2016.
2. Assertion and determination
A. On August 1, 2005, the Plaintiff asserted that the instant housing was purchased from the Defendant along with the instant land.
At the request of the defendant, the plaintiff made the defendant able to reside free of charge in the house of this case, and at the request of the plaintiff, the loan for use was established on the delivery of the house of this case.
The Plaintiff terminated the loan for use by serving a duplicate of the complaint of this case, and demanded the delivery of the house of this case.
B. The fact that the Plaintiff purchased the instant land from the Defendant, and the Defendant’s aforementioned 1.C. to the Plaintiff.
It is true that the plaintiff and the defendant have prepared a certificate of the same content as the paragraph.