(영문) 부산지방법원 2019.08.22 2018가단335328

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(영문) 부산지방법원 2019.08.22 2018가단335328

건물명도(인도)

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1. The Defendant shall deliver to the Plaintiff the third floor of 116.16 square meters among the real estate listed in the attached list.

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

Reasons

1. The Plaintiff’s judgment on the cause of the claim was given a donation of real estate indicated in the separate sheet from O omitted on October 22, 2018 and completed the registration of ownership transfer on October 25, 2018, and the fact that the Defendant currently resides in possession of the third floor 116.16 square meters (hereinafter “instant real estate”) among the real estate listed in the separate sheet is without dispute between the parties. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.

2. Judgment on the defendant's assertion

A. The defendant asserts that he has the right to possess the real estate of this case, and the real estate of this case was originally owned by the defendant C, and it was commenced with C's consent to gather and live together the child-friendly D in the real estate of this case, so that he has a legitimate right to possess the real estate of this case.

However, according to the witness C's testimony and the purport of the whole pleadings, it is difficult to view that the defendant is residing in the real estate of this case with the consent of C, and there is no other evidence to recognize it. Thus, the defendant's above assertion is without merit

B. The defendant asserts the abuse of rights that the plaintiff's claim of this case constitutes abuse of rights, since D does not want to live together with the plaintiff who is his/her father, it is argued that the plaintiff's claim of this case constitutes abuse of rights.

In light of the testimony of the witness C, each entry of the evidence Nos. 3 and 4 (including the evidence number), which seems consistent with the defendant's assertion, is difficult to believe, and there is no other evidence to acknowledge the defendant's assertion, and thus, the above assertion by the defendant is rejected.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

유사 판례

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