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(영문) 서울서부지방법원 2014.12.18 2014가단34563
건물명도등
Text

1. The Defendants ordered the Plaintiff to order the building indicated in the attached list.

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

3...

Reasons

In full view of the purport of the entire pleadings in the statement Nos. 1 through 3, the Defendants are recognized to possess the buildings indicated in the separate sheet owned by the Plaintiff. Therefore, the Defendants are obligated to deliver the buildings indicated in the separate sheet to the Plaintiff.

Defendant B, not without permission, did not occupy the Plaintiff’s building without permission, but agreed to exchange the Plaintiff’s building and the land owned by the Defendant with the Plaintiff’s husband, and thus, it cannot respond to the Plaintiff’s request. However, it is insufficient to recognize that Defendant B has a legitimate possessory right over the Plaintiff’s building solely with the statement of No. 1, and there is no other evidence to acknowledge the assertion by Defendant B.

Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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