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(영문) 인천지방법원 2017.12.08 2017가단20585

건물인도

Text

1. The defendant shall deliver to the plaintiff the house indicated in the attached list.

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

3...

Reasons

On April 21, 2016, the Plaintiff acquired the ownership of a house listed in the separate sheet (hereinafter “instant house”) at a voluntary auction procedure on April 21, 2016, and the Defendant may recognize the possession of the instant house as of the date of closing argument of the instant case, either there is no dispute between the parties, or recognize the possession of the instant house by considering the entries in the evidence No. 1 and the images of the evidence No.

It is difficult to deem that the Defendant has a legitimate title to possess the instant house solely with the statement of No. 1.

The Defendant, even though the Defendant leased the Plaintiff from C or Daeung&C, cannot set up against the Plaintiff, the owner of the Plaintiff. Therefore, the Defendant, who did not assert or prove the source of possession right, has the duty to deliver it to the Plaintiff, the owner of the instant house.