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(영문) 대전지방법원 2018.04.25 2015가단21407

건물명도 등

Text

1. The Plaintiff:

A. Defendant A delivers real estate listed in [Attachment 1] No. 1;

B. Defendant B shall attach [Attachment 1].

Reasons

1. Determination as to the cause of claim

A. The registration of ownership preservation was completed on January 10, 2014 for the real estate listed in the [Attachment 1] Nos. 1, 2, and 3 [Attachment 1] on January 10, 2014 (No. 1, 2, and 3 real estate are No. 605, 204, and 205 for each Ctel.

immovable property of heading 1, 204, 2085 below 605 means immovable property of heading 2,085

2) Defendant A occupies the first real estate and Defendant B occupies the second real estate.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, 4, and 5-2, the purport of the whole pleadings

B. The Defendants, barring special circumstances, have the duty to deliver each of the above real estate to the Plaintiff seeking the exclusion of disturbance as the owner of the first and second real estate.

2. Judgment on the defendants' assertion

A. The real estate Nos. 1 and 2 was originally acquired by D, the owner of the building, and the defendants occupy the real estate with the consent from D, so there is a legitimate title of possession.

B. The evidence submitted by the Defendants alone is insufficient to admit each of the above arguments, and there is no other evidence to acknowledge this.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.