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(영문) 서울서부지방법원 2020.08.12 2020가단230812
건물인도
Text

1. The Defendants are each Defendant, respectively, stated in the list of real estate to be delivered to each Defendant as shown in the attached Table 3.

Reasons

1. As to the remaining Defendants other than Defendant L

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Defendant I: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

C. The remaining Defendants except Defendant L and I: The judgment of deemed confession (Article 208(3)2 of the Civil Procedure Act)

2. The facts constituting the cause of the claim against Defendant L do not conflict between the parties, or can be acknowledged by comprehensively taking into account the whole purport of the pleadings as to the entries in Gap evidence Nos. 1 through 4. Thus, the defendant L has a duty to deliver the plaintiff the seven real estate listed in the separate sheet of real estate corresponding to Defendant L among the real estate falling under the column of "the real estate list to be delivered to each defendant" in paragraph (3) of the attached Table.

Defendant L asserts that it is difficult for the Plaintiff to fully repay the loans only by moving expenses received from the Plaintiff, and that the above real estate is delivered as a house security and the business is carried out, it would be impossible to receive a pension, thereby seeking the Plaintiff to solve the problem.

However, such assertion alone does not constitute a ground to refuse the above delivery obligation. Therefore, it is difficult to reject the plaintiff's claim against the defendant L according to the above argument by the defendant L.

Therefore, the plaintiff's claim against the defendant L is justified and it is so decided as per Disposition.

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