건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the apartment indicated in the separate sheet.
2. The counterclaim.
1. In full view of the purport of the entire pleadings in the statement in Gap evidence No. 1 and Eul evidence No. 1 as to the cause of the principal lawsuit, the plaintiff was sold the apartment of this case from C Co., Ltd. on November 29, 1990 and completed the registration of ownership transfer in the name of the plaintiff on October 13, 1992. The defendant, who is the plaintiff's birth together with his family, has been continuously residing in the apartment of this case since he moved into the apartment of this case on October 13, 1992, and there is no counter-proof. According to the above facts of recognition, unless the defendant asserts that he had a legitimate right to occupy the apartment of this case and fails to prove that he had a legitimate right to occupy the apartment of this case, the defendant is obligated to deliver
2. Determination on the grounds of a defense and a counterclaim
A. The summary of the defendant's assertion is that the defendant was the actual owner of the apartment in this case, and the plaintiff was entrusted with the name of the plaintiff, so the defendant cannot respond to the plaintiff's claim, and the plaintiff is obligated to return unjust enrichment following the termination of title trust, and the plaintiff is obligated to transfer ownership registration to the defendant as a return of unjust enrichment following the termination of title trust. Even if the above argument is not acknowledged, the defendant transferred the apartment in this case to the defendant on November 13, 1
B. First of all, as to the claim for return of unjust enrichment on the apartment of this case 1, the obligation to return unjust enrichment on the apartment of this case was created, the defendant and the plaintiff had a title trust agreement on the apartment of this case, comprehensively taking into account the following: (a) the health room; (b) the evidence mentioned above; and (c) Eul-3 through 14; and (d) Eul-18, 19, 34, and 35: (a) the defendant holds all documents on the sale and acquisition of the apartment of this case, including the sales contract, the registration right certificate; (d) the receipt of the down payment; and (e) the receipt of the down payment at the time of sales contract, and (e) the defendant's written statement.