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(영문) 부산지방법원 2019.05.09 2018가단21377
건물인도 등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Determination as to the claim

A. The following facts are acknowledged if there is no dispute between the parties to the judgment or if the purport of Gap evidence No. 1 is added to the whole purport of the pleadings, and the defendant has the same obligation as the order entry against the plaintiff, unless there are other circumstances in full view of the

(1) On July 27, 1989, C Co., Ltd and D, an incorporated association, completed the registration of initial ownership of each of 1/2 shares in respect of the real estate listed in the separate sheet (hereinafter “instant store”).

(2) On August 17, 2016, C Co., Ltd. completed the registration of ownership transfer of its shares among the instant stores in the future of the Plaintiff, and now, the instant stores are jointly owned by the Plaintiff and D, an incorporated association.

(3) The defendant occupies and uses part of the store of this case.

B. The judgment as to the defendant's assertion (1) was made by the defendant around early 1990, leased the store of this case to 4 million won (current eight million won) and used so far. At present, the defendant did not have a duty to respond to the plaintiff's claim since it ordered the part corresponding to the 1/2 share area among the store of this case.

(2) However, the evidence submitted by the defendant alone is insufficient to recognize that the defendant has a legitimate right to possess the store of this case, and each co-owner may demand the delivery of the whole co-owned property if the third party illegally occupies the jointly owned property. Therefore, the above argument by the defendant is not acceptable.

2. The plaintiff's claim for the conclusion is justified, and this is accepted.

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