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(영문) 창원지방법원 2020.11.18 2018가단121816
건물명도(인도)
Text

The defendant shall deliver to the plaintiff the buildings listed in the attached list.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1.

Reasons

1. An apartment C in the attached list (hereinafter “the apartment of this case”) was originally owned by the network D, and D was dead on September 22, 2018 (hereinafter “the deceased”) and the Plaintiff, the son of the deceased, solely inherited the apartment of this case on the ground of a division of inherited property by co-inheritors’s co-inheritors’s agreement. The Defendant, without a lease agreement with the deceased, can be recognized to the purport of the pleadings as a whole in the evidence Nos. 1, 2, and 4. Thus, the Defendant is obligated to deliver the instant apartment of this case to the Plaintiff.

2. As to this, the Defendant asserted that the apartment house of this case was purchased by the Defendant’s assets before the death of the deceased, or was in the name of the deceased, or was in joint cooperation with the deceased, and that it was a share owner in the apartment of this case. However, the evidence submitted by the Defendant alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it. Rather, the above court rejected the Defendant’s assertion that the apartment house of this case was owned by the Defendant before the instant lawsuit against the Plaintiff, and the appellate court and the appellate court of this case rendered a judgment dismissing the appeal on the same conclusion, and the above judgment became final and conclusive.

3. If so, the plaintiff's claim of this case seeking the delivery of the apartment of this case is justified and it is so decided as per Disposition.

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