logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2019.02.20 2018가단50494
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B shall remove each of the buildings listed in the separate sheet Nos. 2, 3, and 4, and paragraph 1. of the separate sheet.

Reasons

1. Facts recognized;

A. The Plaintiff is the owner of the land listed in attached Table No. 1 (hereinafter “instant land”), and the Defendant B is the owner of each building listed in attached Table No. 2, 3, and 4 (hereinafter “instant building”).

B. Defendant C occupies the first building of this case, Defendant E occupies the second building of this case, and Defendant D occupies the third building of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant, the owner of the instant building Nos. 1, 2, and 3, occupied the instant land, thereby hindering the Plaintiff’s exercise of ownership. Thus, the Defendant asserted that the Plaintiff should remove the instant building and deliver the said land to the Plaintiff. The Defendant is deemed to have led to the confession of the Plaintiff’s assertion in accordance with Article 150 of the Civil Procedure Act.

The defendant shall remove each of the buildings of this case to the plaintiff and deliver the land of this case.

B. According to the above facts finding as to Defendant C, E, and D’s claim 1, the above Defendants interfere with the Plaintiff’s exercise of ownership by occupying the building Nos. 1 through 3. Thus, the Defendants should withdraw from the building Nos. 1 through 3 under their possession. 2) The Defendants’ assertion as to the Defendants’ assertion that they cannot respond to the Plaintiff’s claim before receiving the refund of the deposit for lease on each of the buildings of this case. However, even if following the Defendants’ assertion, it is obvious that the Plaintiff is not a lessor of each of the buildings of this case, and there is no other evidence to prove that the Plaintiff had the duty to return the deposit to the Defendants. Therefore, the Defendants’ assertion is without merit.

C. The Plaintiff, the owner of the instant land, and the Defendant B, the owner of each of the instant buildings, removed the said respective buildings.

arrow