(영문) 제주지방법원 2020.01.14 2019가단4327

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(영문) 제주지방법원 2020.01.14 2019가단4327

건물명도 등

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On March 5, 2018, E completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer on March 5, 2018 to F Co., Ltd. on the same day.

B. On May 13, 2019, F Co., Ltd. completed the registration of ownership transfer for the instant building on April 23, 2019 with respect to the Plaintiff.

C. The Defendant, on June 27, 2018, occupied the instant building since the move-in report was made to the location of the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant who occupies the building of this case, barring special circumstances, is obligated to deliver the building of this case to the plaintiff, who is the owner of the building of this case.

B. The judgment on the defendant's assertion is that D, the spouse of the defendant, purchased the building of this case in the position of the lender, with the payment of monetary lending with E, and according to the evidence No. 1, the defendant's assertion that D, the spouse of the defendant, was the purchase of the building of this case. Thus, the defendant's assertion that E and D, April 25, 2018, prepared a supply contract with D to sell the building of this case to D in the price of KRW 250,000,000, but it is not possible to refuse the plaintiff's claim seeking delivery of the building of this case as the owner of the building of this case merely because the above fact of recognition or the defendant alleged that D, and there is no other evidence to acknowledge the defendant's source of possession right to the

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

유사 판례

-제주지방법원 2020.01.14 2019가단4327

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