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(영문) 광주지방법원순천지원 2017.10.11 2017가단71816
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Basic facts

A. On March 26, 2008, the registration of ownership preservation was completed in the name of the Defendant C on the real estate listed in the separate sheet (hereinafter “instant real estate”) and the registration of ownership transfer was completed in the name of D on May 31, 201 due to the gift made from May 30, 201.

B. On January 8, 2016, the Plaintiff concluded a sales contract with D on the instant real estate, and on the same day, completed the registration of ownership transfer in the name of the Plaintiff on the said real estate.

C. However, the Defendants possessed the instant real estate from before the Plaintiff completed the registration of ownership transfer to the date of the completion of the instant pleadings, and Defendant B entered into a lease agreement with D on May 31, 201 with regard to the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 7 (including branch numbers, if any), witness E's testimony, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the contract concluded with the defendant Eul, the former owner, the husband of the defendant Eul, the defendant Eul's husband of the former owner, the defendant Eul's father of the defendant Eul, and the contract concluded with the defendant Eul, the former owner, is null and void by a false agreement

As to this, the Defendants asserted that: (a) the Plaintiff was the former owner of the instant real estate and acquired the ownership of the instant real estate accordingly; (b) the Plaintiff could not respond to the Plaintiff’s claim, not a legitimate owner; and (c) Defendant B acquired the instant real estate upon entering into a lease agreement with D and thus, it cannot comply with the Plaintiff’s claim.

B. First of all, it is not sufficient to acknowledge the fact that the sales contract between the Plaintiff and D constitutes the largest sales contract between the Plaintiff and D solely on the basis of the statements in the Evidence Nos. 2 and 3 as to whether the sales contract between the Plaintiff and D is the largest sales contract, and there is no other evidence to acknowledge this differently. Therefore, this part of the Defendant

Next, it was concluded with Defendant B.

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