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(영문) 수원지방법원성남지원 2019.04.12 2018가단235315
건물명도(인도)
Text

1. The defendant shall in sequence give the plaintiff each point of indication 1, 2, 3, 4, and 1 of the attached drawings among the real estate listed in the attached list.

Reasons

1. The fact that the Plaintiff owned the real estate indicated in the separate sheet as to the cause of the claim and the fact that the Defendant occupied the portion of (A) part of 8.33 square meters in the ship (hereinafter “the part occupied by the Defendant”) connected each point of the attached sheet Nos. 1, 2, 3, 4, and 1 among the real estate listed in the separate sheet as indicated in the separate sheet is not in dispute between the parties, or recognized in accordance with the purport of the entire entries and pleadings No. 1 and

Therefore, the defendant is obligated to deliver to the plaintiff the part of the defendant's possession, which connects each point of the attached Form 1, 2, 3, 4, and 1 among the real estate listed in the attached Table.

2. On the Defendant’s assertion, the Defendant asserts that, as C who leased the real estate listed in the separate sheet without compensation, it did repair work for the part occupied by the Defendant, and it acquired the right to purchase the appurtenances from C, the lessor shall exercise the right to claim the appurtenances against the Plaintiff.

However, even according to the defendant's argument, C is a person who gratuitously lent real estate listed in the separate sheet, and when the borrower returns the borrowed object, C must restore it to its original condition and the attached items can be removed (Article 615 of the Civil Act). Thus, the borrower of the loan for use does not recognize the right to purchase attached items.

Therefore, the first defendant's argument on a different premise is without any need to examine the other point.

3. The plaintiff's claim is justified.

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