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(영문) 청주지방법원영동지원 2019.07.26 2018가단5019

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B shall display 1, 2, 3, 4, and 1 of the attached Form No. 1 among the real estate listed in paragraph 1 of the attached Table.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer by reason of sale on January 12, 2004, 2004, No. 428 of Cheongju District Court, Young-dong Branch, etc., on each real estate listed in the separate sheet, the ownership registration of which was completed under E’s name.

B. Defendant B occupied the real estate listed in paragraph (1) of the attached list, and installed one vinyl house on the ground of section 117 square meters in part 1 (a) of the ship connected in sequence of each point of indication 1, 2, 3, 4, and 1 of the attached list among them.

C. Defendant C and D enter into a lease agreement with Defendant B on the real estate stated in the separate sheet No. 2, and possess it.

[Reasons for Recognition] Defendant B: A without dispute; entries in Gap evidence 3, 4, and 6; the purport of the whole pleadings; Defendant C; and D: Confession (Article 150(1) of the Civil Procedure Act)

2. Determination

A. 1) As long as the registration of ownership transfer is completed on the register of real estate determined as to the cause of the claim, the procedure and cause should be presumed to be legitimate, and the party asserting the procedure and cause unfair is liable to prove this (see, e.g., Supreme Court Decision 2002Da46256, Feb. 28, 2003). Examining the above facts based on the above legal principles, the real estate listed in paragraph (1) of the attached list is presumed to be owned by the Plaintiff according to the above facts. Accordingly, the Defendant, as the owner, collected one plastic greenhouse on the ground of item (a) of item (b) of the attached list No. 1, 2, 3, 4, and 1 among the real estate listed in the attached list No. 1, the Plaintiff, who is the owner, is obligated to collect one plastic greenhouse on the ground of 117 square meters and deliver the above part (a)(2) judgment on the Defendant B’s assertion that the real estate stated in the attached list No. 2 was newly constructed around 1998.