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(영문) 의정부지방법원고양지원 2015.07.15 2015가단2105
건물명도
Text

1. The defendant shall deliver the real estate stated in the separate sheet No. 2 from the plaintiff to the plaintiff simultaneously with the annexed sheet No. 1.

Reasons

1. Basic facts

A. On December 22, 2006, the Plaintiff is an apartment of '602 apartment' as stated in the attached Table 1 attached hereto.

(B) As to the Plaintiff, the owner who completed the registration of ownership transfer on October 20, 206. The Defendant is residing in an apartment house No. 602. C. The Defendant was in de facto marital relationship with C from 1980 to 11, 2014, the Plaintiff’s mother was in de facto marital relationship with C from 1980 to 7 living. [In the absence of dispute over the grounds for recognition, entry of A’s evidence No. 1, and the purport

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the apartment house No. 602 to the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The plaintiff's claim for the denial of ownership is that the apartment house No. 602 was owned jointly by the defendant and C, and the plaintiff cannot seek the delivery of the apartment house No. 602 because the registration of ownership transfer was completed only in the name of the plaintiff.

The defendant led to the confession that the apartment house No. 602 was owned by the plaintiff on the first day for pleading of the case (the defendant stated the response of February 25, 2015, stating that the apartment house No. 602 is owned by the plaintiff). The defendant's above assertion constitutes revocation of confession. However, since there is no evidence to prove that the confession was contrary to the truth and due to mistake, the revocation of confession is not effective, the defendant's assertion is not accepted ( even if based on the defendant's assertion, it is determined that the defendant and C have donated the apartment house No. 602 to the plaintiff).

The defendant asserts that the simultaneous performance defense is residing in the real estate listed in the attached Table 2, which is owned by the defendant (hereinafter referred to as "multi-family housing of 1806"), and that the defendant's obligation to deliver apartment of 602 against the plaintiff is related to the plaintiff's obligation to deliver apartment of 1806 to the defendant.

The defendant 3 asserts the authenticity of this document.

The writing of this document is written by C.

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