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(영문) 대전지방법원논산지원 2016.07.07 2016가단20186

건물명도

Text

1. The defendant shall be the plaintiff.

(a) A cement block structure, cement block structure and roof, 39.69 square meters, both of which are cement block structure and roof, Chungcheongnam-gun, Chungcheongnam-gun;

Reasons

Facts of recognition

A. C is one owner of cement block structure and 39.69 square meters on the ground of cement block structure and pent roof (hereinafter “instant housing”) in Chungcheongnam-gun, Chungcheongnam-gun, and each obstacle in the separate sheet on the above land (hereinafter “each obstacle in this case”), various trees and pipes on the above land.

B. While implementing the “D District Improvement Project,” the Plaintiff entered into an agreement on March 14, 2014 with C to purchase the instant housing, the instant obstacles, and various trees and wells, one of which is to purchase KRW 44,26,90,00 in total, in order to incorporate the 922 square meters in the said project area, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

The Plaintiff completed the registration of ownership transfer for the instant housing on March 14, 2014, and paid C KRW 44,266,990 at that time.

C. The defendant occupies the house of this case and each of the obstacles of this case.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 to 11, and the purport of the whole pleading

A. According to the above facts of recognition, the Defendant, the possessor, has the duty to deliver the instant house to the Plaintiff as the owner.

B. According to the above facts, the defendant, the possessor, is obligated to deliver each obstacle of this case to the plaintiff, who exercises the right of delivery based on the ownership of C with the right to claim delivery against C as preserved right.

(2) The plaintiff's claim as to each of the obstacles of this case is justified. Thus, the plaintiff's claim is accepted, and it is so decided as per Disposition.