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(영문) 서울중앙지방법원 2016.02.16 2015나33679
건물명도
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall indicate to the plaintiff B the annexed drawing Nos. 1, 2, and 2 among the real estate listed in the annexed list.

Reasons

1. Basic facts

A. (i) The plaintiffs are married to L (Plaintiff A) or M (Plaintiff B) on July 1, 1961, and the defendant is the same as Plaintiff B (Plaintiff A's wife).

Plaintiffs, their children, and the Defendant have the U.S. nationality.

The registration of ownership transfer was completed on May 18, 201 with respect to the instant apartment on May 18, 201, and as to F 101 Dong 101 and 101, an apartment in the same complex as the instant apartment (hereinafter “101 apartment”), the registration of ownership transfer was completed in the future of the Plaintiffs.

(7/10, 3/10 of the ratio of shares in Plaintiff A and B). Consolidatedly, Plaintiff A had been living in the apartment of this case since 2011 when she received assistance from nursing workers and driver officers because the lower half of the vertaeb due to vertinson's disease and vertebroat overlaps with the lower half of the vertabol due to farming.

Plaintiff

B From around 2002, Alzheader's disease was treated as Alzheader's disease and entered into an apartment complex No. 101. B. According to the medical certificate issued by the Seoul National University Hospital as of July 7, 2014, the Plaintiff B did not live in a daily life as a part of the method of measuring the degree of dementia and did not have a normal conversation due to clinological disorder. In particular, Plaintiff B was unable to understand the other party's language itself.

B. On January 7, 2016, Plaintiff A applied for the appointment of a special representative under this Court No. 2016da5009 for Plaintiff B, which is the administrative capacity of Plaintiff B, and on January 21, 2016, Plaintiff B was decided to appoint K, which is the second son, as the special representative of Plaintiff B, and the special representative was appointed as the representative of Plaintiff B.

C. (1) On July 201, the Defendant entered the instant apartment and live together on the ground that the Defendant would help the Plaintiffs attend the instant apartment around July 201.

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