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(영문) 대구지방법원 2019.11.27 2019가단6833
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. Facts of recognition;

A. On December 30, 2011, the Plaintiff completed the registration of ownership transfer with respect to the building indicated in the separate sheet (hereinafter “instant apartment”).

B. The Plaintiff and the Defendant were living together since October 2010 and completed the living together around January 2018.

C. The defendant is residing in the apartment of this case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the apartment of this case is owned by the plaintiff, the defendant is obligated to deliver the apartment of this case to the plaintiff, barring special circumstances.

B. Defendant’s assertion 1) Defendant’s assertion (1) The Plaintiff is the Daegu Suwon-gu Seoul Apartment Complex D (hereinafter “C apartment”)

(2) The Defendant’s mother, who donated the instant apartment to the Defendant and completed the registration of ownership transfer, provided that the title of the instant apartment is transferred to the Plaintiff as a tax issue, but if the problem is dealt with, the Defendant’s mother again promised to complete the registration of ownership transfer to the Plaintiff, and the Defendant’s mother responded thereto. However, the Plaintiff purchased the instant apartment with the money that sold C apartment with the said promise and completed the registration of ownership transfer under the Plaintiff’s name. The instant apartment is owned by the Defendant’s mother. The instant apartment is in a condition that the de facto marital relationship is not completely organized as a husband in a de facto marital relationship. In this situation, it is unreasonable for the Plaintiff and the Defendant to seek the delivery of the instant apartment to the Defendant. 2) The fact that the instant apartment is the Plaintiff. The evidence submitted by the Defendant alone is insufficient to deem that the Plaintiff donated C apartment to the Defendant’s mother

In order to be protected as a de facto marriage, there is a simple living together or a intermittent relationship.

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