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(영문) 창원지방법원 마산지원 2018.02.08 2017가단5658
건물명도(인도)
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. According to the overall purport of Gap evidence No. 1-2 and No. 3 as to the cause of the claim and the entire purport of the pleadings, the plaintiff purchased the above building from C, which is the former owner of the building listed in the separate sheet on January 5, 2017, and completed the registration of ownership transfer in the name of the plaintiff on January 9, 2017, and the defendant occupied and used the above building.

Therefore, the Plaintiff, as the owner of the above building, has the right to claim the return thereof to the Defendant who possesses the above building pursuant to Article 213 of the Civil Act, and the Defendant has the duty to deliver the above building to

2. The defendant's assertion asserts that the defendant has the right to possess and use since he/she purchased the building listed in the attached list.

According to the statement of Eul evidence No. 1, it is recognized that D, E, entered into a sales contract with F for the buildings listed in the separate sheet.

However, D, E, the seller of the above sales contract, was not registered as the owner of the building listed in the separate sheet, and the defendant cannot be deemed a legitimate purchaser of the above building, and thus, the defendant's assertion cannot be accepted.

(A) In a case where D and E sold the above building to F without the authority to sell it, the Plaintiff’s claim is justified, and thus, the Plaintiff’s claim is accepted. The Plaintiff’s claim is justified. The Plaintiff’s claim is accepted. The Plaintiff’s claim is justified. The Plaintiff’s claim is accepted. The Plaintiff’s claim is accepted.

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