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(영문) 대전지방법원 2019.11.19 2019나1310
건물인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasons for the judgment of the court of first instance are as follows, except for the addition of the following judgments to the argument that the defendant emphasized or added in the trial of the court of first instance:

(Application Law: the main sentence of Article 420 of the Civil Procedure Act); 2. Additional determination

A. 1) The defendant's assertion that the plaintiff is not the owner of the apartment of this case is insufficient to recognize the defendant's assertion (the fact that D is the actual owner of the apartment of this case, and the plaintiff is merely the title trustee, not the owner of the apartment of this case) solely based on the evidence submitted by the defendant that the plaintiff is not the owner of the apartment of this case, and that D residing in the apartment of this case with D's recommendation and permission, and that it is promised that D will transfer the ownership of the apartment of this case. The plaintiff is not the owner of the apartment of this case.

Rather, comprehensively taking account of the evidence Nos. 1, 2, 4-7 (including paper numbers) and witness D of the first instance trial, the Plaintiff is the true owner who completed the registration of ownership transfer as the receipt of the Daejeon District Court No. 29855 on April 5, 2017 with respect to the instant apartment as a whole.

The defendant's assertion in this part is not accepted.

B. The defendant's assertion 1 as to the claim for reimbursement of KRW 20 million for remodeling costs. The defendant, while moving into the apartment of this case, brought about KRW 20 million, and remodeled the apartment of this case. The defendant has a duty to deliver the apartment of this case in return for the payment of KRW 20 million for remodeling costs by D and the plaintiff. 2) The defendant's assertion that the defendant paid KRW 20 million for the necessary cost or beneficial cost of the apartment of this case, there is no evidence to acknowledge the defendant's assertion.

The defendant's assertion in this part is not accepted.

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