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(영문) 대구지방법원김천지원 2015.07.03 2015가단1617
건물명도
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

The Plaintiffs, on September 27, 2013, filed the instant lawsuit against the Defendant, who is the existing permitting authority, in order to obtain permission for accommodation business from the instant real estate, after completing the registration of ownership transfer based on the sale of each one-half share of the real estate listed in the separate sheet (hereinafter “instant real estate”) due to voluntary auction. The Plaintiffs asserted that the instant lawsuit was filed against the Defendant, who is the existing permitting authority, in order to obtain permission for accommodation business from the instant real estate.

The plaintiffs' claim for surrender or surrender of real estate must be against the person who actually occupies the real estate. Since it is clear that the defendant does not possess the real estate of this case in itself, the plaintiffs' claim for surrender or surrender against the defendant of this case without any need to examine the remaining issues.

Therefore, the plaintiffs' claims are dismissed in entirety as it is without merit. It is so decided as per Disposition.

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