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(영문) 서울중앙지방법원 2017.08.09 2016가단5290213
건물명도
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. Basic facts

A. The Plaintiff is a child of the deceased C and D (a marriage on June 24, 1968 but divorce on October 11, 1976) and married with the Defendant on August 1, 197, and died around 2012.

B. On July 31, 2001, the Plaintiff completed the registration of ownership transfer made on August 29, 1995 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).

C. From around 2002, the defendant resided in the apartment of this case with the deceased C, and currently occupies the apartment of this case by mixed residence.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The parties' assertion and judgment

A. The summary of the argument 1) The Plaintiff had the net C and the Defendant use the apartment of this case owned by the Plaintiff free of charge. The Defendant, without the Plaintiff’s permission, had a ground for termination of the loan of use occurred, such as sub-lease to a third party, and notified the Defendant of the termination of the loan of use after the lapse of sufficient period for use and profit-making. As such, the Defendant had a duty to deliver the apartment of this case to the Plaintiff. 2) Since the apartment of this case was held in title trust to the Plaintiff with the real estate acquired by the Defendant and the network C with its financial burden, the Plaintiff’s claim against the Defendant

B. 1) First, we examine the ownership relationship of the instant real estate, and the fact that the Plaintiff completed the registration of ownership transfer with respect to the instant apartment on July 31, 2001 that the Plaintiff had completed the registration of ownership transfer with respect to the instant apartment, as seen earlier, and each entry in Gap evidence Nos. 6 through 7, 10, and 17 (including each number; hereinafter the same shall apply).

According to the purport of the entire pleadings and arguments, the Plaintiff purchased the apartment of this case around August 1995, and paid part payments with loans of KRW 70 million from the Korea Installment Financing Corporation from the purchase fund of the apartment of this case on June 16, 1997. The Plaintiff paid interest on the above loans every month.

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