건물명도(인도)
1. The defendant shall deliver to the plaintiff the third floor of the building on the ground stated in the attached list.
2...
1. Facts of recognition;
A. On May 10, 1990, the Plaintiff and the Defendant were legally married couple who completed the marriage report. On May 10, 2017, the Plaintiff filed a lawsuit against the Defendant for divorce and consolation money under the Seoul Family Court Decision 2017Ddan320432, and on September 25, 2016, the said court issued a decision to recommend a compromise to the Plaintiff, stating that “the Plaintiff and the Defendant shall divorce. The Defendant shall pay consolation money of KRW 20 million to the Plaintiff by November 30, 2017,” and the said decision became final and conclusive on November 2017.
B. On July 30, 2004, with respect to the real estate listed in the separate sheet (hereinafter “instant building”), the registration of ownership transfer was made on the ground of sale in the name of the Plaintiff.
C. At present, the Defendant currently uses and benefits from the portion of possession indicated in the drawings in the third floor among the real estate listed in the attached list.
On April 2018, the Defendant filed a lawsuit against the Plaintiff for division of property under the Seoul Family Court Decision 2018Ra51443, and the above court concluded conciliation on September 14, 2018, that “The Plaintiff and the Defendant owned one-half shares in relation to the instant building and the Defendant’s title holder 401, thereby division of property.”
[Ground of Recognition: Facts without dispute, Gap evidence 1 through 7, Eul evidence 1, Eul evidence 4, Eul evidence 8, the purport of whole pleadings]
2. In a case where both co-owners share equally 1/2 shares, a 1/2 equity right holder shall not exclusively use the judgment goods as to the cause of the claim without consultation with the other 1/2 equity right holder. The remaining equity right holders have the right to seek the exclusion of exclusive use and the exclusion of possession as an act of preserving the jointly-owned property (see, e.g., Supreme Court Decision 2002Da57935, Nov. 13, 2003). According to the above facts acknowledged, the defendant who exclusively uses the occupied portion of the building of this case as the 1/2 equity right holder of the building of this case as the 1/2 equity right holder of the building of this case is seeking the preservation of the jointly-owned property as the 1/2 equity right holder.