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(영문) 수원지방법원여주지원 2016.06.09 2015가단24340
건물명도
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. The fact that the plaintiff acquired the ownership of the above real estate by purchasing real estate listed in the attached list in the public sale procedure conducted by the Korea Asset Management Corporation and paying in full, and the fact that the defendant occupied the above real estate may be recognized according to the evidence No. 1 to No. 6, without any dispute between the parties, or according to the evidence No.

Thus, the defendant is obligated to deliver the above real estate to the plaintiff, unless there is any assertion or proof as to the possession of the above real estate based on the legitimate possessory right.

2. The defendant's argument regarding the defendant's assertion. The defendant asserts to the purport that the above real estate was transferred by the former owner C of the real estate listed in the annexed list by leasing the above real estate to KRW 120,000,000,000, and thereafter resided therein.

According to the evidence No. 7, the defendant's moving-in report was deemed to have been filed on July 20, 2012, but further, there is no evidence to acknowledge whether the defendant's moving-in report and possession of the above real estate were mediating the lease contract as alleged by the defendant. Thus, this part of the defendant's assertion is without merit without examining the remainder of the point.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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