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(영문) 의정부지방법원 2020.11.05 2020나204569
건물명도(인도)
Text

The defendants' appeal is dismissed.

The costs of appeal shall be borne by the Defendants.

Defendant BH, I, I, II, E, and BJ's acceptance of the lawsuit.

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows additional evidence submitted in the court of first instance, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning for the court’s explanation on the instant case is as follows, and this court’s explanation is consistent with the reasoning of the judgment of the first instance except where the Defendants added the judgment as to the assertion added by this court pursuant to the following Paragraph 2. Thus, this court’s explanation is acceptable pursuant to the main sentence of Article 420 of the Civil

(excluding the parts related to Defendant B, C, F, G, and H in the first instance judgment). [Supplementary parts] Following the fourth fifth instance judgment of the first instance judgment, the deceased died on June 23, 2020, which was after the pronouncement of the first instance judgment, and his heir has Defendant BH (the deceased’s spouse), Defendant I, BI, E, and BJ (the deceased’s children).”

The fifth and third sides of the judgment of the first instance are as follows: “The owner of each building of this case or the Defendants, the lessee, have the duty to deliver each part of possession to the Plaintiff.”

The Defendants, the inheritor of the deceased, who was the owner of the building indicated in the attached Table 1, jointly assumed by the co-owners of the real estate, are an indivisible obligation due to its nature and thus each co-owner bears the duty to deliver the said building to the Plaintiff as a whole (see, e.g., Supreme Court Decision 80Da756, Jun. 24, 1980). Of the Defendants, each co-owner is obligated to deliver the said building to the Plaintiff (see, e.g., Supreme Court Decision

(2) Defendant E, the owner of the building indicated in the separate sheet, has the duty to deliver the building to the Plaintiff.

2. Additional determination

A. The summary of the Defendants’ assertion (1) constitutes compensation for resettlement funds, housing relocation expenses, and relocation expenses. The Plaintiff is not yet paid to the Defendants, thereby making compensation for losses.

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