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(영문) 수원지방법원 성남지원 2017.01.20 2016가단14545
건물인도
Text

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

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

3...

Reasons

1. Basic facts

A. On June 10, 2014, the network C completed the registration of ownership transfer on the building listed in the separate sheet (hereinafter “instant building”) on December 17, 2013. The Plaintiff completed the registration of ownership transfer on the ground of sale and purchase on December 17, 2013. As to the instant building, the Plaintiff completed the registration of the right to claim ownership transfer on July 21, 2014.

B. C died on October 23, 2015. After C’s death, the Plaintiff filed a lawsuit for the implementation of the principal registration procedure based on provisional registration with respect to the instant building and the instant building and the instant building Nos. 2015da34566 against Suwon District Court, Sungwon District Court Branch Branching 2015da34566, and obtained a favorable judgment on March 11, 2016, and thereafter completed the registration of ownership transfer on September 1, 2015 with respect to the instant building on April 12, 2016.

C. At present, the Defendant and G completed the move-in report on July 4, 2014 and have been residing in the instant building until now.

On January 14, 2016, the Defendant and G filed an application for renunciation of inheritance on January 14, 2016, including the Plaintiff’s parents, spouse D, E, F, etc., and the Defendant and G filed an application for renunciation of inheritance on February 24, 2016. The said court accepted the report of renunciation of inheritance on February 24, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 3 and 5 (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the building of this case to the plaintiff, the owner of the building of this case, unless there are special circumstances.

B. As to the judgment on the Defendant’s assertion, the Defendant is entitled to reside in the instant building until June 10, 2017, which is the expiration date of the lease, with the husband of G who concluded a lease contract with the former owner of the instant building at a cost of KRW 60 million. The Defendant is entitled to exercise the right to simultaneous performance defense, even after the expiration of the contract period, until the Plaintiff is returned the deposit amount of KRW 60 million.

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