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(영문) 대전지방법원 천안지원 2018.02.13 2017가단9370

건물명도

Text

1. The defendant shall deliver to the plaintiff the buildings listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on May 29, 2005 with respect to the building listed in the attached list (hereinafter “instant building”).

B. On September 15, 2011, the Plaintiff entered into a real estate trust agreement on the instant building (hereinafter “instant trust agreement”) with the K non-Real Estate Trust Co., Ltd. and completed the registration of ownership transfer in the future of the K non-Real Estate Trust Co., Ltd. on the same day.

C. According to Article 9 of the instant trust agreement, the Plaintiff actually continues to possess and use the instant building, and bears all the expenses incurred in actual management, such as preservation, maintenance, repair, etc. of the instant building.

The defendant is residing in the building of this case from August 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to deliver the instant building to the Plaintiff, who is the possessor of the instant building, barring special circumstances.

In regard to this, the defendant asserted that "a house is managed and the electricity fee is living in the house" from the plaintiff's money C is residing in the building of this case with the permission of use for the building of this case, but there is no evidence to acknowledge this. Thus, the defendant's argument is without merit.

3. Conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.