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(영문) 수원지방법원안양지원 2020.12.22 2020가단108064
건물인도
Text

1. The plaintiff's claim is dismissed.

2. One-half of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

Reasons

1. Facts of recognition;

A. On February 24, 1975, the Plaintiff completed the registration of ownership transfer with respect to a multi-family house with two floors, including the real estate indicated in the attached Form (hereinafter “instant real estate”) on the ground of the same on March 19, 1997, after completing the registration of ownership transfer with respect to the area of 264 square meters of the previous D site during Ansan-si, Ansan-si.

B. From around 2011, the Plaintiff had the Defendants reside free of charge in the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Defendants were to leave the said real estate at any time upon the Plaintiff’s request from the time of commencing residence in the instant real estate around 201, and the Plaintiff demanded from May 6, 2018 to deliver the said real estate to the Defendants. As such, the Defendants are obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate.

B. On August 2020, the Defendants moved in the instant real estate on or around August 1, 2020; the Defendants, while directors, did not leave the real estate in question and left the Plaintiff’s father with only the goods used by the Plaintiff’s father; the real estate in this case is currently no dispute between the parties, where electricity, tap water, etc. was cut down and cut down.

Therefore, the defendants appear not to possess the real estate of this case, and it is reasonable to view that the plaintiff has already performed the duty to deliver the real estate of this case to the plaintiff.

C. Accordingly, the Plaintiff’s assertion is without merit to further examine.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition in accordance with Article 99 of the Civil Procedure Act, considering the process of the lawsuit in this case and the progress of the lawsuit in this case.

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