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(영문) 의정부지방법원 2017.08.25 2016가단35734
원상회복 및 건물인도
Text

1. Defendant B shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. The plaintiff's defendant C and defendant D

Reasons

1. Judgment on the plaintiff's assertion

A. Since the Plaintiff’s assertion Defendants occupied an apartment in the attached list owned by the Plaintiff without permission (hereinafter “instant apartment”), the Defendants are obligated to deliver the instant apartment to the Plaintiff, who is the owner of the instant apartment.

B. Defendant B’s assertion by the Defendants is the Plaintiff’s mother, Defendant C’s her mother, Defendant C’s her husband, and Defendant C’s husband. The instant apartment is purchased at KRW 264,00,000 of the Plaintiff’s her parent’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s residence

Defendant B is residing in the apartment of this case, but Defendant C and D do not reside in the apartment of this case.

C. Determination 1) According to the evidence No. 5 of the judgment as to the claim against Defendant B, the Plaintiff can recognize the fact that the Plaintiff completed the registration of ownership transfer as to the instant apartment on June 22, 201 with the Gu Government District Court’s receipt of the Dong-ri registry office as to the instant apartment. As such, Defendant B is obligated to deliver the instant apartment to the Plaintiff insofar as it fails to prove that it is a lawful possession based on the lawful title. Defendant B asserted that the actual owner of the instant apartment is not the Plaintiff, but there is no evidence to support this, and there is no ground for the above assertion by Defendant B. 2) The evidence submitted by the Plaintiff as to the judgment as to the claim against Defendant C and D is difficult to recognize that the said Defendants occupied the instant apartment, and there is no other evidence to support this otherwise, and thus, the Plaintiff’s claim against

2. In conclusion, the plaintiff's claim against the defendant B is justified, and all claims against the defendant C and D are dismissed as it is without merit. It is so decided as per Disposition.

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