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(영문) 창원지방법원 2015.10.21 2015나32848
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. Even if a co-owner who owns shares in the relevant legal principles or a person who obtains the consent from the co-owner can not exclusively possess, use, and benefit from, the article jointly owned without consultation with other co-owners. Thus, even if the shares owned by the other co-owners fall short of a majority, the other co-owners can claim delivery or explanation of the article jointly owned as an act of preserving the article, even if the shares owned by the co-owners fall short of

(See Supreme Court Decision 98Da12317 delivered on August 21, 1998). B.

Judgment

In light of the fact that there is no dispute between the parties, and the purport of Gap evidence No. 1 as a whole, the plaintiff completed the registration of ownership transfer based on sale on September 4, 2013 with respect to 1/2 shares out of the real estate of this case. The defendant completed the registration of ownership transfer based on sale on December 2, 2005 with respect to 1/2 shares out of the real estate of this case and possessed the real estate of this case without consultation with the plaintiff. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff seeking delivery as preservation of the jointly owned property.

3. If so, the plaintiff's claim against the defendant is accepted due to the reasons, and the judgment of the court of first instance is just in conclusion. Thus, the defendant's appeal is dismissed. It is so decided as per Disposition.

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