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(영문) 춘천지방법원원주지원 2016.10.04 2016가단32260
건물명도
Text

1. The Defendant shall order the Plaintiff to order the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

Comprehensively taking account of the overall purport of the pleadings as to the statement No. 1, the Plaintiff is the owner who completed the registration of ownership transfer due to inheritance by a division held on May 16, 201 with respect to the building listed in the separate sheet (hereinafter “instant building”) on October 15, 2015, and the Defendant may recognize the possession of the said building as of the date of the closing of argument in the instant case.

Therefore, the Defendant is obligated to order the Plaintiff to surrender the instant building, barring special circumstances.

In this regard, the defendant asserts that the building of this case was nominally owned by the person himself or the spouse of de facto marriage to the deceased C, and that the plaintiff's claim of this case is contrary to the public order and good faith.

However, it is insufficient to recognize the fact of title trust only with each statement on the evidence Nos. 1 and 2 submitted by the Defendant. It is difficult to readily conclude the instant claim violates the good faith principle.

Therefore, the defendant is obliged to order the plaintiff to present the building of this case. It is so decided as per Disposition.

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