(영문) 부산지방법원 2017.02.17 2016가단329954

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(영문) 부산지방법원 2017.02.17 2016가단329954

건물명도

Text

1. The Defendants shall deliver to the Plaintiff one story of 65.35 square meters among the real estate listed in the attached list.

2. The costs of lawsuit shall be.

Reasons

In the absence of dispute between the parties, or comprehensively taking account of the overall purport of the pleadings as to the real estate listed in the separate sheet Nos. 1 and 2-1 and 2, the registration of ownership transfer has been completed in the name of the Plaintiff and the mother of the Plaintiff and the Defendant B on Feb. 8, 2007, and E on Oct. 21, 201, upon the death of the Plaintiff on Apr. 10, 2007, the registration of ownership transfer has been completed in the name of the Plaintiff on Oct. 21, 201 due to inheritance due to the agreement division on the date of the death of the Plaintiff. Meanwhile, the Defendant C and his spouse, Defendant C and his children, as of the date of the closure of the pleadings of the instant case, can be recognized as having occupied the first floor among the instant real estate as of the date of the conclusion of the pleadings.

According to the above facts, the plaintiff is presumed to be the owner of the real estate of this case, and the defendants occupy the first floor among the real estate of this case without permission. Thus, barring any other special circumstances, the plaintiff is obligated to deliver the first floor among the real estate of this case to the plaintiff.

As to this, the Defendants purchased money such as Defendant B and E and completed the registration of ownership transfer in the name of E, and attempted to complete the registration of ownership transfer in the name of Defendant B, who supported E after the death of Defendant B, but merely failed to comply with the Plaintiff’s claim because there is concerns over a claim, obligation, or other legal issues, and thus, it cannot be accepted. However, there is no evidence to acknowledge it, and there is no reason to refuse the Plaintiff’s claim for delivery presumed to be the owner of the instant real estate. Thus, the Defendants’ assertion is without merit.

Thus, the plaintiff's claim is justified, and all of them are accepted.

유사 판례

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