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(영문) 의정부지방법원고양지원 2020.05.20 2019가단75903
건물명도(인도)
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 January 10, 1961, Defendant (1937 Life, Female) married with the deceased D (Death, July 18, 201) and has three South and North Korean women, including E, F, G, H, network I (Death, November 14, 2016), and J, as children.

B. The deceased I completed a marriage report with B on March 28, 2008, and maintained the legal marital relationship and divorced on December 13, 2014, and had the Plaintiff as his child under the chain.

C. The real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by the network D, and the ownership transfer registration was completed on December 17, 2007 due to the gift made on December 13, 2007, and thereafter, on December 13, 2016, the registration of ownership transfer was completed due to the inheritance made on November 14, 2016.

The Defendant and the remaining children filed a lawsuit against the Plaintiff on October 25, 2018 by asserting that the registration of transfer in the name of the Plaintiff on the instant real estate becomes null and void, and that the registration of transfer in the name of the Plaintiff on December 20, 2017 was rendered against the Plaintiff. However, the Defendant and the other children filed a lawsuit against the Plaintiff on December 25, 2018, and the said judgment became final and conclusive as is on November 17, 2018, even though they were dissatisfied with the judgment against the judgment against the Plaintiff on December 20, 2017.

E. As of the date of closing argument, the Defendant occupied and used the instant real estate.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1, 2, 4, 5 (including paper numbers; hereinafter the same shall apply), Eul's evidence Nos. 1, 3, and 5, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination on the cause of the claim, the defendant has a duty to deliver the real estate of this case to the plaintiff seeking the exclusion of disturbance as the owner of the real estate of this case, unless there is a legitimate title to possess the real estate of this case

B. The defendant asserted the lack of one power of representation on the defendant's assertion, and the legal representative of the plaintiff, who is a minor, in light of the social norms and the rule of experience, sought a transfer of building against the grandchildren's child-friendly money.

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