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(영문) 수원지방법원 2018.08.02 2017가단521122
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. While the Plaintiff acquired and resided in the Republic of Korea with a large nationality, he/she purchased a permanent residence in the Republic of Korea on March 5, 201 and completed the registration of transfer of ownership in the name thereof, he/she newly constructed a building listed in the attached Table (hereinafter “instant building”) on that ground after completing the registration of transfer of ownership in that name. The Plaintiff completed the registration of transfer of ownership on April 21, 201.

B. On May 1, 201, the Plaintiff left a marriage with the Defendant and maintained a de facto marriage relationship without reporting the marriage, while living together in the instant building.

C. During that period, a de facto marital relationship between the Plaintiff and the Defendant was broken down, and the court rendered a judgment ordering the Plaintiff to retain the property in the respective names of the Plaintiff and the Defendant, including the instant building, and to pay 64 million won to the Defendant as the property division amount, in the damages claim and the principal lawsuit and counterclaim against the property division claim (this court 2017dhap51836, and 51843 (Counterclaim)) brought by each of the Plaintiff and the Defendant against whom a de facto marital relationship was brought up by each of the Plaintiff and the Defendant (see, e.g., Supreme Court Decision 2017dhap51836, Jul. 10, 2018).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2-1, 10-1, 2, and 39-1, 2, and 39, each of the facts alleged to this court

2. According to the above facts of the judgment, since the building of this case was confirmed to be solely owned by the plaintiff, the registered titleholder, according to the final judgment of the division of property, the defendant who occupies and uses the building of this case, has a duty to deliver the building of this case to the plaintiff in response to the exercise of the plaintiff's right of claim based on ownership

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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