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(영문) 수원지방법원 2016.06.28 2015가단109832
건물명도
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that, around January 2007, the Plaintiff lent real estate indicated in the separate sheet (hereinafter “instant real estate”) to the wife-Nam, and C occupied and used the instant real estate together with the Defendant, who is his spouse.

In addition, around 2014, the Plaintiff requested C to return the instant real estate, and C also accepted it, but C did not receive the instant real estate on the wind of the Aggravated Death of C.

After that, the plaintiff requested the defendant to deliver the real estate of this case several times, but the defendant is refusing to deliver the real estate of this case while occupying it.

Therefore, the Defendant shall deliver the instant real estate to the Plaintiff without any legal ground, and is obliged to return unjust enrichment equivalent to the rent gained by using and making profits from the instant real estate without any legal ground, and management expenses paid by the Plaintiff during the possession of the instant real estate by the Defendant.

B. The defendant's assertion that the real estate of this case was already delivered to the plaintiff, and no longer possess, use, or benefit from the real estate of this case.

2. The following facts are revealed in Gap evidence Nos. 1 and 2, Eul evidence Nos. 7, Eul evidence Nos. 2 and 3, each video of Gap evidence No. 12, and some testimony of witness D, and the purport of the entire pleadings. In light of the circumstances, it is reasonable to view that the defendant did not possess, use, or benefit from the real estate of this case as long as the defendant delivered the real estate of this case to the plaintiff on March 22, 2015, to the plaintiff who has an address in Busan, and the plaintiff, the defendant, and the defendant, and the defendant, and the person relationship between D, E, and F, and the process of managing the real estate of this case (the real estate of this case is deemed that D, etc. on behalf of the plaintiff who has an address in Busan, actually managed the real estate of this case).

The plaintiff is the defendant's real estate in the lawsuit of this case.

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