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(영문) 서울중앙지방법원 2020.12.24 2020가단5192989
건물인도
Text

The Defendants jointly deliver to the Plaintiff the real estate stated in the attached list.

The costs of lawsuit are assessed against the Defendants.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 3, the plaintiff purchased the real estate listed in the separate sheet (hereinafter "the real estate of this case") through the public sale procedure of attached property and completed the registration of ownership transfer on July 17, 2020. ② However, the defendants completed the move-in report of the real estate of this case at present and occupied and used the real estate of this case while residing in the real estate of this case.

According to the above facts, inasmuch as the Defendants did not legally possess the instant real estate in relation to the Plaintiff (the Defendants acknowledged that they did not legally possess the instant real estate through preparatory documents dated November 20, 2020), they jointly have a duty to deliver the instant real estate to the Plaintiff, who is the owner of the instant real estate, to the Plaintiff.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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