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(영문) 서울서부지방법원 2018.03.23 2016가단249826

부동산인도청구

Text

1. The Defendants shall deliver to the Plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. Defendant C is the Plaintiff’s children, and Defendant B is the Plaintiff’s wife as Defendant C.

B. On October 31, 1984, the Plaintiff purchased the land indicated in attached Table No. 1 (hereinafter “instant land”).

Since then, on the ground of the instant land, the building listed in Section 2 of the annexed Table No. 2 (hereinafter referred to as the “instant building”) was constructed in early 194, and the instant land and the instant building were collectively referred to as the “instant real estate”). On July 19, 1994, the registration of preservation of ownership in the Defendant’s name was completed.

【Fact that does not have any dispute】

2. According to the above facts of recognition as to the Plaintiff’s claim, the Defendants, barring special circumstances, have the duty to deliver the real estate stated in the separate sheet to the Plaintiff, the owner of the instant real estate

3. Judgment on the defendants' assertion

A. The Defendants asserted that the Plaintiff’s claim is unjust since, around 194 to 1995, the Defendants agreed to take over KRW 165 million as the lease deposit obligation of the instant building between the Plaintiff and the Plaintiff, and that the Plaintiff was assigned the instant real estate instead of paying KRW 100 million to the Plaintiff for the purchase fund of Goyang-si.

B. Comprehensively taking account of the evidence Nos. 15 and 19, and the overall purport of the pleadings, Defendant C purchased at KRW 100,00,000 in his own name on October 28, 1996 D apartment 701 and 403, Goyang-gu, Yangyang-gu. The Plaintiff resided in the above apartment, the Plaintiff and her children, and the Defendants, as well as her children, were to manage the instant real estate for which the registration of ownership transfer or ownership transfer was completed under the Plaintiff’s name, while entering into a lease contract with the tenants as the lessor of the instant real estate, they received management expenses from the tenants upon the termination of the lease contract, and paid local taxes on the instant real estate.

However, the transfer of the instant real estate between the Plaintiffs and the Defendant.