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(영문) 서울중앙지방법원 2016.05.04 2015가단5237376
건물명도
Text

1. The defendant shall deliver to the plaintiff the second floor of the real estate stated in the attached list.

2. The costs of lawsuit shall be borne by the defendant.

Reasons

1. Basic facts

A. On June 27, 1998, the Plaintiff completed the registration of ownership transfer based on sale on the 12th day of the same month with respect to the real estate listed in the separate sheet (hereinafter “instant house”).

B. The Defendant occupies 69.21 square meters of the second floor among the instant housing (hereinafter “instant housing premises”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, unless there are special circumstances, the defendant is obligated to deliver the part of the instant dispute among the instant housing to the plaintiff.

B. On February 1, 2009, the Defendant asserted that there is a legitimate title to possess the instant dispute among the instant housing in the name of the Defendant’s mother D, since he leased the instant part of the instant housing in the amount of KRW 150 million from the Plaintiff’s husband C, who represented the Plaintiff on or around February 1, 2009, around January 7, 2013, again, the Defendant resided in the instant part of the instant housing in the name of the Defendant’s mother D, and there is no evidence to prove that the Plaintiff granted the right of representation to enter into a lease agreement with the Defendant on the instant part of the housing in the instant case with the Defendant or D regarding the instant housing in the absence of any evidence to prove that the Plaintiff granted the right of representation to enter into a lease agreement with the Defendant on the instant part of the housing in the instant case, even if the Defendant did not fully submit financial data, such as receipts and transfers regarding KRW 200,000,000,000,000.

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