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(영문) 춘천지방법원원주지원 2019.12.18 2019가단54896
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On June 30, 2016, the Plaintiff completed the registration of ownership transfer for one-half portion of the buildings listed in the separate sheet (hereinafter “instant building”) due to voluntary auction.

B. On June 27, 2019, the Plaintiff received a provisional disposition against the Defendant on the prohibition of the transfer of real estate possession on the instant building from the original state branch of the Chuncheon District Court (2019Kadan10558) by deeming the Defendant as the preserved right to the exclusion of disturbance based on the ownership as the preserved right, and completed the enforcement on July 11, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, and 7, the purport of the whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, the plaintiff is a co-owner who owns 1/2 shares of the building of this case, and the defendant who occupies the building of this case is obligated to deliver the building of this case to the plaintiff unless he proves that he has the right to possess the building of this case.

Although the Defendant stated that the Plaintiff’s claim cannot be accepted through a written response, the Defendant does not have any assertion as to the existence of the right to occupy the building of this case.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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