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(영문) 대전지방법원서산지원 2016.02.16 2015가단53928
건물명도
Text

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

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

3...

Reasons

1. Facts of recognition;

A. On January 20, 2015, the Plaintiff completed the registration of ownership transfer based on the sale of real estate listed in the separate sheet (hereinafter “instant housing”) on January 12, 2015.

B. The defendant is the birth of the non-party C, who is the former owner of the instant house, and is residing in the instant house until the closing date of pleadings.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1-2, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to deliver the house of this case to the plaintiff, unless there are special circumstances.

The Defendant agreed to reside in the instant house until the Defendant sells it again to a third party even if the Plaintiff and C completed the registration of ownership transfer under the name of the Plaintiff at the time of concluding the sales contract for the instant house.

The plaintiff asserts that since the plaintiff did not pay 70 million won out of the agreed money at the time of sale to C, the defendant does not have a duty to deliver the house of this case to the plaintiff.

In full view of all the evidence presented by the defendant, it is not sufficient to admit the defendant's assertion, and there is no other evidence.

Therefore, the defendant's argument cannot be accepted.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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