logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.01.13 2016가단138351
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate listed in the attached list, and shall leave the above real estate.

2...

Reasons

Comprehensively taking account of the respective descriptions in Gap 1 and 5 and the overall purport of the pleadings, the plaintiff is limited to "No. 401" as stated in the attached Table on August 5, 2013.

A purchase shall be completed on October 4, 2013, and the defendant shall complete a move-in report on the resident registration with respect to subparagraph 401 of March 9, 2015 and shall be recognized that he/she occupies subparagraph 401 as of March 9, 2015.

According to the above facts, the defendant has a legitimate right to possess 401, barring special circumstances, the defendant shall deliver 401 units to the plaintiff upon the plaintiff's request by the plaintiff who exercises the right to claim the removal of disturbance based on ownership and shall withdraw from 401 units.

In regard to this, the defendant possesses 401 units as the possession assistant of C who is the lien holder of 401 units, and the defendant does not own 401 units independently. However, the statement of Eul 1 alone is insufficient to recognize that the defendant possessed 401 units as the possession assistant of C, and there is no other evidence to acknowledge this otherwise, the above defense cannot be accepted.

If so, the plaintiff's claim is justified.

arrow