logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2020.02.12 2019가단90254
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The plaintiff's remainder against the defendants.

Reasons

1. The Plaintiff, based on the facts, has Defendant B, F, G, and H as his/her child between the deceased E (the deceased on March 19, 2019, hereinafter “the deceased”), and completed the registration of ownership transfer on July 11, 2012 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).

Defendant B, as her husband, is residing in the apartment of this case from July 13, 2012 with Defendant C and her husband, Defendant D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 and Eul evidence Nos. 1, 5 and 7, the purport of the whole pleadings

2. Determination:

A. Determination as to the cause of the instant claim that the Plaintiff, the owner of the instant apartment, had Defendant B reside free of charge in the instant apartment, shall be deemed a loan for use without an agreement at the time of return (hereinafter “the instant loan for use”). The facts that the instant complaint, which included the purport of cancelling the said agreement, served on Defendant B on October 30, 2019, are clearly recorded, and thus, the instant loan for use was lawfully terminated at that time.

Thus, the defendants who possess the apartment of this case have the duty to deliver the apartment of this case to the plaintiff.

Furthermore, the Plaintiff claimed against the Defendants unjust enrichment or damages equivalent to the rent due to the use and profit-making of the apartment complex of this case, but there is no proof as to the amount. Therefore, this part of the claim is without merit.

B. The Defendants asserted as to the Defendants’ assertion that, in the event they purchased and donate the apartment of this case to Defendant B, which was difficult for the economic situation at the time, and make a registration under Defendant B’s name, they merely claim that the registration was completed in the name of the Plaintiff on the grounds that the obligees might be forced

In order for the Defendants to oppose the Plaintiff’s claim for delivery, regardless of the Plaintiff, they must prove that they acquired the instant apartment with the deceased’s contribution and donated it to Defendant B. However, the Defendants’ own objection.

arrow