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(영문) 춘천지방법원강릉지원 2017.06.14 2016가단7339

건물명도

Text

1. The Defendants deliver the housing indicated in the separate sheet to the Plaintiffs.

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

3.

Reasons

1. Basic facts

A. On May 2, 1996, Defendant C’s wife E and Plaintiff A completed the registration of transfer of ownership on March 25, 1996 with respect to one half of each of the buildings attached to the extension of 2,3 floors of the attached list on the 317.63m2 of the 317.63m3m2 of the building and the store in the Don Sea and the brick Dondong Dondong Dondong Don-do, the extension of the extended part is referred to as “the instant house,” and the entire building attached to the extension part is referred to as “the instant building”).

B. The plaintiff A and the defendant C operated the ice factory from the building of this case to the same business (hereinafter "the Dong business of this case") and completed the operation of the Dong business around April 199.

C. On April 13, 199, E’s share in the instant building was based on the sale on April 7, 199 to the Plaintiff-type G, the Plaintiff-type G on April 7, 199; on June 9, 2003, the inheritance was caused by consultation and division on August 16, 2001 to H; on July 6, 201, the registration of ownership transfer was completed on July 6, 201 to Plaintiff B on July 6, 2012.

The defendants are residing in the house of this case.

[Reasons for Recognition: Facts without dispute, Gap evidence 1 to Gap evidence, Gap evidence 3, Gap evidence 5 to Gap evidence 8 (Evidence with Serial Number includes Serial Number), the purport of whole pleadings]

2. Assertion and determination

A. Comprehensively taking account of the above facts acknowledged as to the plaintiffs' claims, the defendants are obligated to deliver the housing of this case to the plaintiffs, the owner of the building of this case, unless they asserted and prove the title to possess the housing of this case.

B. The Defendants asserted that Defendant C had resided in the instant house after paying the key money for lease on a deposit basis with the Plaintiff on May 1996. However, there is no evidence to prove that Defendant C and A had concluded a lease contract or that Defendant C had paid the key money for lease on a deposit basis with the Plaintiff. 2) The determination of the division agreement of the instant building is made.