건물명도
1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
In full view of the facts that there is no dispute, the Plaintiff prepared an application form for the conclusion of the sales contract with the Defendant on January 17, 201 of the attached list owned by the Plaintiff (hereinafter “instant building”) and the Defendant paid KRW 5 million to the Plaintiff, the Defendant occupied the instant building from May 1, 201 to operate the frequency of the sales contract, and the Plaintiff requested the Defendant to conclude the sales contract several times on August 28, 201, because the Plaintiff did not conclude the sales contract for the instant building, and the Defendant was scheduled to conclude the sales contract with the Defendant on August 28, 2013, who did not comply therewith, to deliver the instant building to the Defendant by September 30, 2013, and to refund the subscription price.
According to the above facts, the defendant has a duty to deliver the building of this case to the plaintiff, barring special circumstances, since he occupies the building of this case without a legitimate title.
In regard to this, the defendant argued to the effect that the plaintiff cannot respond to the plaintiff's claim because the plaintiff agreed to sell the building of this case when selling the second floor store after the completion of the sale of the first floor store in Busan Seo-gu B where the building of this case is located. However, it is not sufficient to recognize that the defendant has a legitimate title to occupy the building of this case just because the defendant asserted that he had a legitimate title, and no other evidence exists
The plaintiff's claim of this case is justified and it is so decided as per Disposition.