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(영문) 수원지방법원성남지원 2016.08.12 2015가단23474

건물인도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “instant real estate”); Nonparty C, his/her father, managed the instant real estate; and C, along with his/her spouse, took a large number of obligations while operating a Bolow Private Teaching Institute or a child care center.

B. Around 11:00 on May 2015, the Defendant (the spouse of the Plaintiff’s wife ( de facto divorce) filed a complaint against the Plaintiff for the destruction of key, intrusion upon the residence, and destruction of property and intrusion upon the residence. However, on September 10, 2015, the Defendant issued a non-prosecution decision against the Plaintiff on the ground that it was difficult to deem the Plaintiff as intentional and insufficient evidence was insufficient.

C. The defendant currently occupies the real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 3, 17, and 18, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, unless there are special circumstances, the defendant is obligated to deliver the real estate of this case to the plaintiff as the owner.

B. On August 10, 2014, the Defendant’s assertion (the Plaintiff’s right of representation and simultaneous performance at the same time) made a lease agreement with the Defendant on KRW 80,00,00 with respect to the real estate in this case, and made a deposit for lease with the money that the Defendant has previously lent to the Plaintiff or C as a deposit for lease, and the money that the Defendant has already lent to the Plaintiff or C would be sufficient for the Defendant to receive a deposit for lease from the bank. The Defendant demanded that the Defendant reside in the real estate in this case to obtain such guarantee.

On August 10, 2014, the Defendant agreed to enter into a lease contract under the name of C and the Plaintiff who represented the Plaintiff, and was actually residing in the instant real estate since that time.

The defendant on May 24, 2014 to C.