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(영문) 광주지방법원목포지원 2016.04.20 2014가단12964
건물명도
Text

1. The Defendants shall withdraw the Plaintiff from each of the two-story 99.6 square meters of the real estate indicated in the separate sheet.

2. The costs of lawsuit shall be.

Reasons

In full view of the facts that there is no dispute between the parties, and the purport of Gap evidence No. 1-1 and the entire pleadings, the real estate recorded in the separate sheet is owned by the plaintiff, and the second floor 9.6 square meters (hereinafter "the building of this case") among them is recognized as possessed by the defendants. Thus, the defendants are obligated to leave the building of this case, barring any special circumstances.

As to this, the Defendants asserted that the actual owner of the instant building is C and the Plaintiff was the title trustee, and that the Defendants had the right to possess the instant building since they received the right to possess the instant building from C. However, evidence or witness D’s testimony submitted by the Defendants alone is insufficient to recognize that the actual owner of the instant building is C and the Plaintiff is the title trustee. Since there is no other evidence to acknowledge this, the Defendants’ assertion based on this premise is without merit without any further review.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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