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(영문) 서울북부지방법원 2017.08.29 2016나39451
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On August 3, 2016, the Plaintiff completed the registration of ownership transfer on August 3, 2016 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The defendant currently occupies the real estate of this case.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver to the plaintiff as the owner, unless the defendant asserts and proves legitimate source of right to possess the real estate of this case.

B. As to the judgment of the defendant's assertion, the defendant asserts that he purchased the real estate of this case from E which the former owner of the real estate of this case was entitled to possess it.

The circumstances alleged by the Defendant and the materials submitted by the Defendant alone are insufficient to recognize that the Defendant’s married couple is the owner of the real estate in this case or that the Defendant has the right to possess the real estate in this case, and there is no other evidence to support this, and the above assertion is without merit

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance shall be justified and the defendant's appeal shall be dismissed and it is so decided as per Disposition.

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