(영문) 부산지방법원 2019.12.03 2019가단304123

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(영문) 부산지방법원 2019.12.03 2019가단304123

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

The principal counterclaim shall also be deemed to have been filed.

1. Basic facts

A. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was originally purchased by Nonparty Ba (hereinafter “the deceased”) who is the birth partner of the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and registered the ownership transfer of the Plaintiff under the name of Busan District Court’s receipt No. 28273 on May 17, 2016 with respect to the instant real estate in the process of purchase under title trust to the Plaintiff by the deceased.

B. After the purchase of the instant real estate, the Deceased moved to and resided therein on May 31, 2016.

At the time, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) was not in a legal marital relationship with the Deceased, but occupied the instant real estate by having the relationship with the Deceased as “ wife” during the occupancy process, and thereafter occupied and used the instant real estate from that time to that time while residing in the instant real estate.

C. Meanwhile, as the Deceased died on January 29, 2019, the instant real estate became inherited by the Plaintiff solely.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 to 7, Eul evidence No. 3, 4 and 6, and the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the instant real estate to the plaintiff who exercises the right to claim the removal of interference based on ownership, unless he/she proves the legitimate source of right to possess the instant real estate.

B. First, the defendant asserts that, while maintaining a de facto marital relationship with the deceased, he was residing in the real estate of this case while maintaining a de facto marital relationship, and that the real estate of this case was owned jointly with the deceased by paying property tax, interior expenses, etc. in the process of his residence, and thus, he cannot respond to the plaintiff's request.

However, the Defendant’s property tax, etc. is deceased.

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