(영문) 서울남부지방법원 2020.07.15 2019가단19157

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(영문) 서울남부지방법원 2020.07.15 2019가단19157

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. In full view of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, it is recognized that the defendant possessed the real estate listed in the separate sheet owned by the plaintiff (hereinafter "the real estate of this case"), barring any special circumstance, the defendant is obligated to deliver the real estate of this case to the plaintiff.

2. Judgment on the defendant's assertion

A. From around 2006, the Defendant filed a marriage report in 2016, which was in a de facto marital relationship with the deceased C (hereinafter “the deceased”).

In 2018, the Defendant died while the Defendant was married with the Deceased in consultation, but has maintained de facto marital relations by adjudication thereafter.

The Deceased purchased the instant real estate on December 18, 2006. In this case, the Defendant borne KRW 12 million out of the purchase price, and the Defendant and the Deceased paid the money borrowed for the purchase of real estate.

The Deceased promised before the birth to transfer the instant real estate to the Defendant.

Therefore, it is reasonable to view that the instant real estate is owned by two persons by acquiring it together in a de facto marital relationship between the deceased and the defendant. As the mother of the deceased, the Plaintiff who acquired the ownership of the instant real estate by inheritance cannot seek the delivery of the said real estate to the

B. According to the evidence Nos. 1-3 and 1 evidence Nos. 1-3, the Defendant reported a marriage with the deceased on November 23, 2016, but reported a divorce on August 22, 2018, the Deceased died on September 2, 2019, and the Plaintiff completed the registration of ownership transfer on September 10, 2019, which was owned by the Deceased.

The defendant's assertion is that since the defendant has held title trust with the deceased all of the real estate of this case or 1/2 shares in the deceased, the plaintiff, who is a person responsible for the registration of ownership transfer based on the termination of title trust, cannot seek to transfer the real estate of this case to the defendant, and Eul

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