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(영문) 춘천지방법원 2018.11.13 2018나52461
건물인도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The judgment of the court of first instance is ordered.

Reasons

Facts of recognition

The Plaintiff purchased 595 square meters in Gangwon-gun, Gangwon-do, Gangwon-do and 91.86 square meters on the ground in the voluntary auction procedure in the Chuncheon District Court EVoluntary Auction procedure, and completed each registration of ownership transfer on December 18, 2014.

Defendant B is the former owner of the foregoing real estate, and Defendant C is the children of Defendant B.

The Defendants occupy the above farm house (hereinafter referred to as the “instant building”).

[Ground of recognition] In light of the above-mentioned facts without any dispute, Gap evidence Nos. 1 and 2, and the ground for claim of the whole pleadings, the defendants are obligated to deliver the building of this case to the plaintiff, unless there is no legitimate title of possession.

The Defendants asserted that “F should sell the instant real estate in accordance with the initial promise, inasmuch as F promised to explain its circumstances to F and make a new purchase later, and F was awarded the instant real estate through the Plaintiff, and the Defendants paid F KRW 70 million to F in 2015, but F was committed a promise on the ground that the market price of the instant real estate has risen.”

However, there is no evidence to acknowledge the above assertion, and even if the above assertion is recognized, the Defendants cannot be deemed to have a legitimate title to occupy the building of this case in relation to the Plaintiff.

The above assertion by the Defendants is without merit.

Thus, the plaintiff's claim of this case shall be accepted in its reasoning.

The judgment of the court of first instance is just in conclusion, and all appeals by the Defendants are dismissed, and the judgment of the court of first instance is delivered with the judgment of the court of first instance on the following grounds: “The size of the 595 square meters in Gangseo-gun, Yancheon-gun, and the 91.86 square meters in a house of single-story farm household in the lux roof, which is located on the ground of the 595 square meters in Geumcheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, and the 91.86 square meters in a house of single-story farm, which

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