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(영문) 수원지방법원 평택지원 2018.03.27 2017가단62202

건물명도(인도)

Text

1. The Plaintiff, Defendant A shall have a 43.20 square meters store on the 1st floor among the buildings listed in the attached Table 1, and Defendant B shall have a 2.3 square meters store on the attached Table 2.

Reasons

1. Determination as to the claim against Defendant A

Description of Claim

Attached Form : as stated in the cause of the claim.

(b) Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. In light of the fact that there is no dispute as to the claim against Defendant B, the entry of No. 5, and evidence No. 11-2, the Plaintiff entered into an agreement on acquisition of the building indicated in the separate sheet with C on April 6, 2015, and on April 7, 2015, the Plaintiff entered into an agreement on acquisition of the building indicated in the separate sheet with C on April 7, 2015. The Plaintiff completed the registration of ownership transfer in the future of the Plaintiff on April 7, 2015. Defendant B, among the first floor of the building listed in the separate sheet No. 2, occupied the part of the business office located in the separate sheet No. 4,5, 6, 7, 8, 9, 10, 11, and 4 in sequence.

Therefore, Defendant B is obligated to deliver the above occupied part to the Plaintiff, the owner of the 2 building listed in the attached list.

Even if Defendant B’s assertion did not receive business compensation, and thus Defendant B’s right to possess the said building, such circumstance is not a ground for defense against the Plaintiff’s request for delivery of the instant building, and thus, Defendant B’s assertion is without merit.

3. It is so decided as per Disposition by citing all the claims of the Plaintiff.