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(영문) 대구지방법원김천지원 2016.11.09 2015가단33539
건물명도
Text

1. The Defendants shall deliver each of the buildings listed in the separate sheet to the Plaintiff.

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

Reasons

1. Facts of recognition;

A. The plaintiff completed the marriage report with the defendant B around 1984.

B. On November 22, 1996, the Plaintiff completed the registration of ownership transfer based on sale on October 1, 1996 with respect to the building listed in the separate sheet (hereinafter “instant building”).

C. On December 5, 2012, the Plaintiff got a divorce by agreement with Defendant B.

Defendant B filed a claim against the Plaintiff for consolation money, division of property, etc. with the Daegu Family Court Kimcheon Branch of 2013Ddan2174, and in the foregoing case, the decision substituting conciliation was finalized as of February 4, 2014, stating that “the Plaintiff shall pay to Defendant B KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000 per annum from the following day to the day of full payment if the payment is delayed. Both parties shall waive each other’s remaining property claim regarding the divorce of this case, such as consolation money, division of property, etc.”

E. The Defendants occupied and used the instant building.

[Reasons for Recognition] Unsatisfy, Gap evidence 3, 11, Eul evidence 4 and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendants are obligated to deliver each of the buildings of this case to the plaintiff, unless there are special circumstances.

B. As to the Defendants’ assertion, Defendant B and Defendant B agreed that the Defendant and his children resided in the instant building during the conciliation procedure in a divorce lawsuit, and their children agreed to donate the instant building to their children, so they cannot accept the Plaintiff’s claim. However, there is no evidence to acknowledge that there was an agreement between the Plaintiff and the said Defendant as alleged in the above Defendant, and therefore, the above Defendant C leased the second floor of the instant building from the Plaintiff on March 3, 2004 to KRW 15 million.

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