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(영문) 광주지방법원순천지원 2015.04.10 2015가단759
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Indication of claim;

A. The Plaintiff purchased on March 12, 2014 in the auction procedure for the case of a compulsory auction of real estate D in Gwangjuyang-si, and paid in full the sale price, and completed the registration of ownership transfer. The Defendant is the owner of each of the above real estate, who is the former owner and the debtor, resides in the real estate listed in the attached list (hereinafter “instant real estate”) and refuses to deliver it up to now.

B. The Defendant is obligated to deliver the instant real estate to the Plaintiff as the owner.

The plaintiff requested the defendant to deliver the real estate of this case several times, but the defendant did not comply with such request, thereby causing damage to the plaintiff.

C. The Plaintiff is expected to claim direct and indirect damages due to delay in the performance of the subject matter of sale under the Civil Act, since the Defendant is liable for damages arising from delay in the performance of the subject matter of sale.

On December 31, 2014, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would deliver the instant real estate to the Defendant by January 15, 2015, and that the Plaintiff would take civil or criminal measures if the delivery was not performed until the said period expires. However, the Defendant does not seem to have the intention to deliver the instant real estate until now.

Therefore, the Plaintiff filed a complaint to seek delivery of the instant real estate possessed by the Defendant.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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