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(영문) 서울중앙지방법원 2018.07.10 2017가단5222996
건물인도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

Since the fact that the defendant occupies the building indicated in the attached list owned by the plaintiff does not have a clear dispute between the parties, the defendant has a duty to deliver it to the plaintiff, as it illegally occupies the above building owned by the plaintiff, barring special circumstances.

The defendant asserts that he has the right to possess the building lawfully since he believed the original owner as a legitimate right holder and leased the building from him.

However, such circumstance cannot be a legitimate ground for the Defendant to claim the right of lease against the original state, even if it can be the ground for the Defendant to claim the right of lease against the original state, and thus, the Defendant’s assertion is rejected.

The plaintiff's claim is legitimate and accepted.

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