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(영문) 수원지방법원 2014.11.19 2014가단31925
건물명도 등
Text

1. Defendant (Appointed Party) B shall leave the building indicated in the attached Table B;

2. The Plaintiff’s claim against the Appointor C.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “the apartment of this case”).

B. Appointed C (hereinafter referred to as Defendant C) is the mother of the Plaintiff with D residents, and is residing in the apartment of this case at the time of the closing of pleadings.

[Ground of recognition] Unsatisfy, Gap evidence No. 7-1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The plaintiff's assertion 1) The plaintiff supported the defendant C for a period of several hundred and twenty years, and the defendant C had the defendant C reside in the apartment of this case without compensation. However, the defendant C is limited to the defendant B (Appointed) who is an son (hereinafter, the defendant B) (hereinafter, the defendant B).

(2) On February 201, the Plaintiff continued to engage in an unfortuous act, such as having the Plaintiff enter the order of seizure and collection of the amount of KRW 70,000,000,00,000,000,000,000,000,000,000 won, which was the Plaintiff’s previous payment, to E as the creditor of Defendant B, and having the Plaintiff enter the order of seizure and collection of the amount of KRW 70,000,00,00,000,000,000,000,000 won. Therefore, the Plaintiff cannot support Defendant C, and Defendant B cannot be allowed to live in the apartment of this case. The Plaintiff did not appear to have resided in the apartment of this case to return the apartment of this case from May 7, 2012 and May 22, 2012, as the Plaintiff did not have any duty to return the apartment of this case to Defendant C, the Plaintiff’s owner and the Defendants did not have any duty to return the apartment of this case.

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