logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.03.03 2016가단120011
건물명도
Text

1. The defendant shall set forth in the attached list Nos. 1, 2, 5, 6, and 1 among the real estate listed in the attached list No. 1 to the plaintiff.

Reasons

1. Basic facts

A. On June 3, 2005, the registration of ownership transfer was completed in the name of the defendant on each location of the real estate listed in the separate sheet, and on March 16, 2012, the registration of ownership transfer was completed in the name of the plaintiff.

B. On November 16, 2006, the registration of ownership preservation was completed in the name of the Defendant on the real estate listed in the attached list No. 1, and on March 16, 2012, the registration of ownership transfer was completed in the name of the Plaintiff, and on July 4, 2013, the registration of ownership preservation was completed in the name of the Plaintiff on the real estate listed in the attached list No. 2. 2.

C. Of the real estate listed in the attached list Nos. 1, 1, 2, 5, 6, and 1, the Defendant occupies the number of single-story house 83.76 square meters in the part of the ship (A) connected with each point in the order of priority among the real estate listed in the attached list Nos. 1, 1, 2, 6, 1, 128.8 square meters in the same drawing, 2, 3, 4, 5, 2, 2, 29.38 square meters in the part (B) part of the ship connected each point in the order of priority among the real estate listed in the attached list No. 1, 2

(hereinafter referred to as “instant building”) real estate possessed by the Defendant:

The father of the plaintiff died on December 13, 2012.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2-1 and 2-2

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff, as the owner of the instant building, exercised the claim for exclusion of disturbance based on ownership or leased the instant building to the Defendant for possession and use only during the life period of the Plaintiff’s deceased, while managing the instant building. As such, the Plaintiff rescinded the instant lease agreement and sought an order to the Defendant to surrender the instant building.

The defendant, who had resided in the building of this case between the plaintiff's deceased division and the defendant continued to build a new house in Cheongbuk-gun, Cheongbuk-do, which was in progress by the defendant, and sold real estate price when the price of real estate is erroneous, so that the defendant would be partly distributed the profit.

arrow