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(영문) 춘천지방법원 2020.12.01 2019가단52559
건물명도(인도)
Text

The Defendant shall deliver to the Plaintiff one story of 163.17 square meters among the real estate listed in the attached Table 1 list.

The costs of lawsuit are assessed against the defendant.

Reasons

The plaintiff owns land C and its ground buildings (hereinafter referred to as "the building of this case") in Chuncheon-si, and the defendant has no dispute between the parties, or may recognize the fact that the defendant occupies the 163.17 square meters of the building of this case among the buildings of this case by considering the whole purport of the pleadings in the entries or images of Gap evidence Nos. 1, 2, 7, 11, and 13 (including the branch numbers if there is a serial number).

Therefore, barring special circumstances, the Defendant is obligated to deliver 163.17 square meters among the instant building to the Plaintiff, barring special circumstances.

As to this, the defendant asserts to the effect that the building of this case was a new building that was a de facto marital relationship and the real estate owned by both the plaintiff and the defendant, including the building of this case, was established in the name of the plaintiff since 1993, and only was the name of the plaintiff. Thus, the plaintiff cannot respond to the plaintiff's claim of this case. However, the property acquired by the husband and the defendant in his name during the marriage is presumed to be unique property (Article 830 (1) of the Civil Act), and no objective evidence exists to reverse such presumption, and ② from the lawsuit of claim for division of property due to a settlement of de facto marital relationship between the plaintiff and the defendant [2019dhap13 (principal claim) 2019dhap5230 (Counterclaim)] on September 29, 2020, the building of this case and real estate owned by the plaintiff and the defendant, including the building of this case, was established in the name of the plaintiff and the defendant until it reaches the difference between the plaintiff and the defendant according to the ratio of division of property.

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