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(영문) 대구지방법원 2017.06.13 2017가단106784
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each building listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. On November 3, 2016, the Plaintiff completed the registration of ownership transfer for each building listed in the separate sheet (hereinafter “instant building”) in the Plaintiff’s future.

B. The Defendant currently occupies and uses the instant building.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

2. Since the instant building is owned by the Plaintiff, the Defendant, the possessor, is obligated to deliver the instant building to the Plaintiff, unless the Plaintiff proves his legitimate source of right to possess the building.

3. Judgment on the defendant's assertion

A. The defendant's assertion was a person who had a partnership business relationship with the building B which constructed the building of this case and possessed the building of this case in accordance with consultation with the exercise of the building in relation to the construction of the building of this case and with C in a claim and obligation. Thus, the defendant has a legitimate possessory right holder of the building

B. However, the agreement with C by the Defendant alone does not constitute a justifiable reason to assert the source of possessory right to the building of this case against the Plaintiff.

In addition, the statement Nos. 1 and 2 alone is insufficient to recognize the defendant's above assertion, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is not accepted.

4. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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