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(영문) 의정부지방법원 고양지원 2017.03.09 2016가단82412
건물명도
Text

1. Defendant B shall deliver to the Plaintiff the real estate indicated in the attached Form.

2. The Plaintiff’s claim against Defendant C, D, E, and F.

Reasons

1. As to the claim against the defendant B

A. The real estate indicated in the separate sheet as to the cause of the claim (hereinafter “instant apartment”) was owned by the Plaintiff’s father G. As to the death of G (on June 3, 2015), the Defendant completed the registration of ownership transfer due to inheritance due to consultation and division on July 9, 2015, and the fact that Defendant B occupied the instant apartment by keeping the goods is not a dispute between the parties, barring special circumstances, Defendant B is obligated to deliver the instant apartment to the Plaintiff, barring special circumstances.

B. As to Defendant B’s assertion, Defendant B asserted that the instant apartment was acquired at his own expense and trusted in trust to Plaintiff’s father G, and thus, Defendant B’s claim for delivery is unjustifiable. However, there is no evidence to acknowledge that Defendant B trusted the instant apartment to G, and the above assertion premised on this premise is without merit without any need to further examine. Then, Defendant B asserted that Defendant B’s claim for delivery of the instant apartment against the Defendant, the son, the Plaintiff, was an abuse of rights as an act contrary to humanity, but it is difficult to view the instant lawsuit as abuse of rights solely on the grounds asserted by the said Defendant. Therefore, the above assertion is without merit.

2. As to the claims against Defendant C, D, E, and F, the Plaintiff sought to transfer the apartment of this case against the said Defendants, but in this case, the said Defendants asserted that they did not occupy the apartment of this case, the Plaintiff must prove the possession of the said Defendants, and there is no evidence to acknowledge this.

3. If so, the plaintiff's claim against the defendant B is reasonable, and the claim against the defendant C, D, E, and F is dismissed on the ground that it is not reasonable.

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