logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.07.26 2018가단269882
건물명도 등
Text

1. The Defendants jointly deliver to the Plaintiff the real estate indicated in the Schedule of “Real Estate Indication” attached to the Plaintiff.

2...

Reasons

1. Determination as to the claim against Defendant D

(a) In full view of the overall purport of the pleadings in each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the facts such as the reasons for the claim and the entry of the changed cause of the claim can be acknowledged.

B. 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, the owner of the instant real estate, as the possessor of the real estate indicated in the attached Table “Indication of Real Estate” (hereinafter “instant real estate”), except in extenuating circumstances.

C. Determination as to the Defendant’s assertion 1) The Defendant alleged that he had visited the instant real estate, but did not possess the instant real estate, such as having actually resided. In addition, the Defendant stated in the column for “other lack of litigation requirements” in the summary of written response that he had a physical check, which was the “defect of a party to a lawsuit.” However, this merely appears to have sought dismissal of the Plaintiff’s claim to the effect that it is not the party who occupies the instant real estate as above. As such, it does not constitute a separate claim for rejection of the lawsuit. As such, the Plaintiff’s assertion does not constitute a separate claim for rejection of the lawsuit. 2) The sales slip shall be presented at the date for pleading or the date for preparatory pleading except in the case of investigation outside the court (Article 297 of the Civil Procedure Act

(see, e.g., Supreme Court Decisions 70Da1240, Aug. 18, 1970; 91Da15775, Nov. 8, 1991). The Defendant did not appear at the court on the date of pleading two times more than 1 and 2 times, and the above documentary evidence was not actually submitted to the court.

Ultimately, there is no evidence to support the defendant's argument at all.

Furthermore, even if the defendant appeared on the date of pleading and submitted the evidence No. 1.

arrow