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(영문) 서울서부지방법원 2018.11.02 2018가단205868

건물명도(인도)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 14, 1975, the land indicated in the attachment (the land in this case) is subject to the registration of ownership transfer on the ground of the gift on June 9, 1975, and the building indicated in the attachment (the building in this case) are completed on January 23, 2002, respectively.

나. 피고 B, F은 이 사건 건물 4층 중 별지 도면 표시 ㄱ,ㄴ,ㄷ,ㄹ,ㅌ,ㄱ 의 각 점을 순차로 연결한 선내(나)부분 주택(G호)56.20㎡,같은 도면 표시 ㄱ,ㅌ,ㅍ,ㅅ,ㅇ,ㅈ,ㅊ,ㅋ,ㄱ 의 각 점을 순차로 연결한 선내 현관 및 계단 52.13㎡를, 피고 C,D는 별지 도면 표시 ㅌ,ㄹ,ㅁ,ㅂ,ㅅ,ㅍ,ㅌ 의 각 점을 순차로 연결한 선내(가)부분 주택(H호)56.20㎡,같은 도면 표시 ㄱ,ㅌ,ㅍ,ㅅ,ㅇ,ㅈ,ㅊ,ㅋ,ㄱ 의 각 점을 순차로 연결한 선내 현관 및 계단 52.13㎡를 각 점유 사용하고 있다.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 2 and 3 (including provisional number), and the purport of the whole pleadings

2. Assertion and determination

A. The gist of the assertion is that the Defendants, without any title, occupied and used the main houses of (a) and (b) of the fourth floor of the instant building and the entrance and stairs adjacent thereto. Thus, the Defendants asserted that they are obligated to deliver each of their possession to the Plaintiff, the owner of the instant building. Accordingly, the Defendants asserted that the instant land and buildings are real estate trusted in trust to the Plaintiff from the I church (hereinafter “I church”) and the Defendants cannot respond to the Plaintiff’s claim since they occupy the said (a) and (b) with the permission of the I church.

B. 1) In full view of the following circumstances, it is reasonable to view that the instant building was a title trust and completed the registration of ownership preservation in the Plaintiff’s name after it was newly constructed by the International Association. (A) Generally, its own cost and expenses.