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(영문) 대구지방법원서부지원 2014.12.16 2014가단21995
건물명도등
Text

1. Defendant B’s each point is indicated in the Appendix No. 2, 3, 4, 5, 6, 14, 13, and 2 among the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Part of the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. The part of the claim against Defendant C and D claimed against the Plaintiff is based on the premise that Defendant C and D independently occupy and use the real estate as stated in the Disposition No. 1 without title. However, even according to the Plaintiff’s assertion, Defendant C and D can be acknowledged as merely an assistant in possession with a common family relationship as a family member of the Defendant B, and there is no counter-proof. Thus, the Plaintiff’s claim against the above Defendants on the premise that the Defendants are the possessor, without merit, is without merit.

3. In conclusion, the plaintiff's claim against the defendant B is accepted on the grounds of merit, and all claims against the defendant C and D are dismissed. It is so decided as per Disposition.

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