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(영문) 서울동부지방법원 2019.06.20 2018가단140648
건물퇴거
Text

1. The Defendants shall withdraw from Songpa-gu Seoul Metropolitan Government D and fourth floor.

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

3.Paragraph 1.

Reasons

1. In full view of the purport of the entire pleadings as to the grounds for the claim, the Plaintiff owned the Songpa-gu Seoul Metropolitan Government D and the fourth floor (hereinafter “instant housing”); Defendant B is the head of the Plaintiff; Defendant C is the wife of Defendant B, and Defendant C is the wife of Defendant B, and is residing in the instant housing.

According to the above facts, the defendants are obligated to leave the house of this case at the request of the plaintiff, the owner of the house of this case, unless there are special circumstances.

2. The Defendants asserted as to the Defendants’ assertion that there was an agreement between the Plaintiff and the Plaintiff on the residence in the instant house during the Plaintiff’s existence, and that the Defendants resided in the instant house according to the Plaintiff’s loan for use. However, the Defendants asserted that the period during which the Plaintiff remains alive had not yet arrived since the Defendants were to use the instant house.

In light of the above, there is no evidence to acknowledge that there was an agreement between the Plaintiff and the Defendants that the Defendants would use the instant house during the Plaintiff’s existence. Thus, the above assertion by the Defendants is without merit.

Although Defendant C asserted that he left the instant house on or around December 2018, Defendant C did not accept the said assertion as there is no evidence to acknowledge it.

3. Therefore, the plaintiff's claim against the defendants of this case against all of the plaintiff is justified and it is so decided as per Disposition.

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