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(영문) 수원지방법원 안양지원 2018.09.19 2017가단103649
건물명도(인도)
Text

1. Of the principal lawsuit of the Plaintiff (Counterclaim Defendant, the appointed party) the part claiming D from the appointed party and the counterclaim against the Defendant (Counterclaim Plaintiff) B.

Reasons

1. Judgment on the plaintiff's main lawsuit

A. Determination 1 as to the lawfulness of a lawsuit, the Plaintiff asserted that the Appointor D jointly inherited the instant real estate from the deceased I, and that the Appointor D jointly inherited the instant real estate from the deceased I, and thus, the Defendant, the possessor, must prove in writing the qualification of the Appointor (see Articles 58 and 53 of the Civil Procedure Act). However, the party appointment letter submitted by the Plaintiff, accompanied by the complaint, is affixed only after the name of the Appointor D, and there is no evidence suggesting that the Plaintiff was written by D, and therefore, there is no other evidence suggesting that the Plaintiff’s qualification of the Appointor D was proved. The part of the Plaintiff’s claim by the Appointor was unlawful.2) Since each of the remaining claims by the Plaintiff against the Plaintiff, the remaining Appointor E, F, G, and H were unlawful since each of the claims against the Plaintiff did not constitute an unlawful defense.

In full view of the description of No. 4 (including paper numbers, hereinafter the same) and the overall purport of the pleadings, the above remaining designated parties can be recognized as having selected all the plaintiffs as the designated parties. Thus, the above defenses by Defendant B are without merit.

B. On June 21, 2012, the net I’s judgment on the ground of the instant claim as to the instant real estate on June 21, 2012, completed the registration of ownership transfer in its name; the deceased died on March 7, 2013; the deceased’s heir died on his/her spouse D, the Plaintiff and the son E, F, G, and H; the fact that the Defendants currently occupied the instant real estate does not conflict between the parties, or that the Defendants currently occupied the instant real estate by taking account of the overall purport of the pleadings as a whole.

According to the above facts of recognition, the plaintiff and the selected person who jointly inherited the real estate of this case from the deceased.

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