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(영문) 대구지방법원영덕지원 2017.05.16 2017가단10225
건물명도(인도)
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the instant building.

B. The Defendants are occupying and using the instant building until the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendants who jointly possess the building of this case are jointly obligated to deliver the building of this case to the plaintiff.

(B) The Plaintiff is jointly and severally liable to the Defendants for the delivery of the instant building E and the joint occupant’s obligation to deliver the instant building by nature, and otherwise there is no evidence to acknowledge that the Defendants’ obligation to deliver the instant building constitutes a joint and several obligation).

The Defendants asserted that Defendant B had the right to possess the instant building since they had built the instant building, and the Defendants began to live in the instant building.

However, the evidence submitted in the instant case alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it, so the Defendants’ above assertion is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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