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(영문) 서울북부지방법원 2016.08.19 2016가단108608
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Seongbuk-gu Seoul, D, E, steel-framed reinforced concrete structure sales facilities, neighborhood living facilities, and

Reasons

1. Determination as to the cause of claim

A. 1) On June 24, 2015, the Plaintiff completed the registration of ownership transfer with respect to the sales facilities of steel-framed reinforced concrete structure in Seongbuk-gu Seoul, D, and E, neighborhood living facilities, the underground floors of cultural assembly facilities, and the 14th underground floors, six divided stores (609, 601, 6011, 6012, 6061, 6062, 6063, 6064, 6065, 6066, 6067, 607, 6079, 6080, 6081, 6081, 77, and 1444, 2500, 345, 254, 37, 45, 251, 45, 205, 37, 45, 47, 541, 45, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 to 16, the result of the request for surveying and appraisal to appraiser F, the purport of the whole pleadings

B. According to the above facts, the Defendant occupied and used the instant real estate owned by the Plaintiff. Thus, barring special circumstances, barring any special circumstance, the Defendant is obligated to remove the ceiling, walls, partitions, woodens, reinforced fishings, corridor walls, floor betacos, and deliver the instant real estate to the Plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts that the plaintiff's claim is unjustifiable since the interior construction of the real estate of this case is a legitimate lessee who uses it as the management office with the implied consent of G representative director.

However, the evidence submitted by the plaintiff alone is insufficient to recognize the fact that the defendant occupied the real estate of this case with the implied consent of the representative director, and there is no other evidence to recognize it. Thus, the defendant's assertion is without merit.

B. The defendant, the defendant of this case.

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