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(영문) 인천지방법원부천지원 2015.09.15 2015가단8607
건물명도
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

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

3...

Reasons

1.The following facts of recognition are not disputed between the parties, or may be acknowledged in Gap evidence No. 1 by integrating the purport of the entire pleadings:

Attached Form

With respect to the building indicated in the list (hereinafter “instant building”), whether the registration of ownership transfer was completed under Defendant B’s name as the father- branch of the Incheon District Court, Incheon District Court, the Kimpo-si Office, Kimpo-so, on April 14, 2003, as the registration of ownership transfer was received on April 14, 2003, and thereafter, the auction procedure was initiated as D with the Busan District Court, and the Plaintiff was awarded the bid and completed the registration of ownership transfer under the name as the Incheon District Court, the vice- branch of the Incheon District Court, and the vice-branch Kimpo-so, the registration of ownership transfer

B. The Defendants are married couple, and around October 23, 2003, the moving-in report to the instant building was made, and also reside in the said building.

2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to deliver the instant building to the Plaintiff upon the Plaintiff’s request, the owner, except in extenuating circumstances.

3. Determination as to the defendants' defenses, etc.

A. As to the Defendant B’s assertion, Defendant B asserts that, around August 13, 2014, Defendant B had no obligation to deliver the instant building to the Plaintiff, since it had already been removed from the instant building and did not occupy the said building any longer.

Although Defendant B filed a move-in report to Dong-gu, Daegu Metropolitan City on August 13, 2014, Defendant B, the husband of Defendant B, still resides in the instant building without being registered as a resident. According to the execution protocol of the decision of the provisional injunction on the provisional injunction on the transfer of real estate possession filed against the Defendants on May 14, 2015, according to the Incheon District Court Branch Branch Decision 2015Kadan924, the Defendant B, the husband of the instant building, stated that the Defendants were forced to open the instant building for the enforcement of the said decision, and the obligor notified the details of the execution and completed the execution of the said building inside the building. Thus, the facts recognized earlier are alone in the instant building.

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