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(영문) 전주지방법원 2020.11.18 2020가단6711
건물인도
Text

1. The defendant shall select the appointed parties:

(a) deliver [Attachment] buildings, and

B. From March 12, 2020, above.

Reasons

1. Attached Form 1 [Grounds for Claim] The plaintiffs shall be the designated parties, and the plaintiff shall be deemed the designated parties.

The same facts as the statements are not disputed between the parties, or may be acknowledged by adding the whole purport of the pleadings to each entry in Gap evidence 1 through 5.

2. As to this, the Defendant asserts that the instant house was directly executed by the Defendant’s husband, and that the former owner, while residing in, donated free of charge to the Defendant without any consultation or notification, he claimed construction costs.

The defendant, who is the possessor of the instant house, has no right to occupy otherwise, should deliver the instant house to the designated parties and return unjust enrichment equivalent to the rent, and it is difficult to view that the plaintiff's claim is restricted for reasons, such as the defendant's assertion.

3. Therefore, it is so decided as per Disposition by the assent of all participating Justices, on March 12, 2020 to order the Defendant to deliver the instant house to the designated parties, and (2) to order the Defendant to pay the amount equivalent to the monthly rent of KRW 300,000 per month from March 12, 2020 to the day on which the delivery is completed, as sought by the Plaintiff.

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