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(영문) 수원지방법원안산지원 2020.12.23 2020가단78202
건물 퇴거 등
Text

1. The defendant shall display drawings in attached Form 1, (1), (2), (3), (4), (5), (6), (7), and (1); and

Reasons

1. On April 11, 2010, the Plaintiff was married with the Defendant, and was living together in the building C and D with the Defendant’s broad-name C and D around that time.

On October 8, 2015, the Plaintiff completed the registration of ownership transfer on the building listed in attached Table 1.

From January 2016, the Plaintiff, among the buildings listed in the attached Table 1 list, was living together with the Defendant on approximately 30 square meters (hereinafter “instant housing”) at the section 1, 2, 3, 4, 5, 6, 7, and 1, connected each point in sequence.

The plaintiff was in the instant housing around February 2017, and the defendant continued to reside in the instant housing.

[Reasons for Recognition] A.1, B.1, 3, 4, 5, 6, 8 (including each number in case of a tentative number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the Plaintiff, the owner of the instant house, without title, may seek a removal of disturbance from the Defendant residing in the instant house without title. Accordingly, the Defendant is obligated to leave the instant house, barring special circumstances.

B. Defendant’s assertion 1) The Defendant asserts that the Defendant, a de facto husband of the Plaintiff’s de facto marriage, has the right to reside in the instant house, and thus, it cannot comply with the Plaintiff’s claim. A de facto marriage relationship exists on the basis of de facto relationship. As such, it may be resolved by one’s own will, and the de facto marital relationship is resolved if the fact of community life is nonexistent due to one’s reversal (see, e.g., Supreme Court Decision 75Meu28, Mar. 22, 197). The Plaintiff and the Defendant

Even if the Plaintiff left the instant house from February 2017, the Plaintiff and the Defendant’s community life became nonexistent, and as long as the Plaintiff demanded the Defendant to leave the instant house through the instant lawsuit, de facto marriage relationship between the Plaintiff and the Defendant may be deemed to have reached a failure.

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