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(영문) 대구지방법원포항지원 2015.10.13 2015가단6393
건물명도
Text

1. The defendant shall deliver to the plaintiff the house indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. In light of the facts of recognition as evidence Nos. 1-1, 2, 2, and 3, the Plaintiff and the Defendant, as co-owners of the housing indicated in the separate sheet (hereinafter “instant housing”) (the Plaintiff’s share 6426/7497, Defendant’s share 1071/7497), can be recognized as the facts that the Defendant occupied the instant housing exclusively and used for profit.

2. Determination

(a) Even if a co-owner owns shares in the co-owned property, he cannot exclusively possess and use and benefit from the co-owned property without consultation with other co-owners. Thus, other co-owners may demand the person who occupies the jointly owned property to deliver it as an act of preservation of the jointly owned property;

(See Supreme Court Decision 93Da9392 delivered on March 22, 1994, etc.). B.

According to the above facts, the defendant is the co-ownership owner of the house of this case, and the defendant occupies and uses the house of this case exclusively, so the defendant is obligated to deliver the house of this case to the plaintiff who is seeking the exclusion of disturbance of the house of this case as an act of preserving the jointly owned property.

C. Therefore, the plaintiff's claim is accepted on the ground of the reasons.

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