건물인도
1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3.
1. The real estate recorded in the attached list of the facts of recognition (hereinafter “instant housing”) is “F-ho” in the public record, such as the real estate register, and is indicated as “Gho” in the present situation.
Defendant B also filed a move-in report on resident registration with “Gho” on August 2, 2019.
The Plaintiff owned the Plaintiff’s property that completed the registration of ownership transfer in its name on May 29, 2017, and the Defendants jointly occupied the instant housing.
[Ground of recognition] Facts without dispute, Gap evidence 4-1, 2, Gap evidence 8-1 to 3, Eul evidence 1, the purport of the whole pleadings
2. According to the above fact-finding, if the Defendants fail to prove the source of possessory right, the above real estate should be handed over to the Plaintiff.
The Defendants asserted to the effect that the Defendants had a legitimate possessory right inasmuch as they were delegated with real estate management by the constructor of the instant housing (D Co., Ltd.) and the company with lien (E) enter into a lease agreement around July 2019 and occupy the instant housing upon delivery.
However, each of the evidence Nos. 1 to 6 (including the paper number) alone is insufficient to recognize that the Defendants possessed the instant house by leasing it from a person with a legitimate right to manage and dispose of the instant house, which can be set up against the Plaintiff. There is no other evidence to acknowledge the Defendants’ defense.
3. For this reason, the Plaintiff’s claim against the Defendants is accepted in entirety, and it is so decided as per Disposition.