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(영문) 인천지방법원 2013.12.19 2012가단93007
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 1,000,000 and this shall apply thereto.

Reasons

1. Basic facts

A. As to the real estate listed in the attached list (hereinafter “the apartment of this case”), on November 6, 2001, the registration of ownership transfer was completed in the Plaintiff’s future as the North Incheon District Court’s North Incheon District Court’s receipt on December 4, 2001 as the receipt No. 206258, Dec. 4, 2001.

B. The Plaintiff and C were in a de facto marital relationship from around 2000, but the de facto marital relationship was terminated around August 2007.

C. From January 2002, the Defendant, a mother of C, resides in the apartment of this case.

On September 19, 2012, the Plaintiff sent to the Defendant a certificate of content that contains an expression of intent to terminate a loan for use, and on September 20, 2012, the said certificate reaches the Defendant.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1-4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's assertion (i) allowed the defendant to use the apartment of this case owned by himself free of charge.

The loan agreement between the plaintiff and the defendant was terminated on September 20, 2012 by the plaintiff's notice of termination.

Secondly, the defendant is obligated to deliver the apartment of this case to the plaintiff and pay unjust enrichment equivalent to the rent after the termination date.

B. (1) The Defendant’s assertion (C) purchased the apartment of this case with his own money and thereafter purchased the apartment of this case, and thereafter purchased the title trust in the future of the Plaintiff, C has the right to claim for ownership transfer registration based on unjust enrichment against the Plaintiff

The plaintiff and C agreed that the defendant shall continue to reside in the apartment of this case at the time of resolving the de facto marital relationship, and in the case of death, the plaintiff agreed to the registration of ownership transfer to C, and therefore C has the right to claim the registration of ownership transfer based on an agreement against the plaintiff.

Article 22(1) of the Civil Act provides that the defendant may reside in the apartment of this case without compensation.

3. Determination

A. (i) The evidence and evidence Nos. 6-8, and No. 1-9, respectively, are included in the ownership relationship of the apartment of this case.

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