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(영문) 울산지방법원 2017.02.16 2016나21025
건물명도
Text

1. The defendant's appeal is dismissed.

2. Upon receiving the claim added at the trial, the Defendant from January 8, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On March 5, 1996, the Plaintiff reported the marriage with C, and was sentenced to a divorce by the court on May 28, 2015.

(Ulsan District Court 2014ddan4552). On February 7, 2012, the Defendant reported the marriage with D, the Plaintiff’s Siberter.

B. On December 23, 2011, Defendant and D concluded a lease agreement with the content that the instant building owned by E was leased at KRW 100 million without monthly rent, from December 29, 201 to December 28, 2013, with the lease term fixed from December 29, 201 to December 28, 201.

D around that time, D paid KRW 100 million to E, and the Defendant moved to and resided in the instant building from December 2, 2011.

C. On October 7, 2013, the Plaintiff prepared a sales contract to purchase the instant building in KRW 158 million from E, and completed the registration of ownership transfer on January 8, 2014.

At this time, the purchase price was borne by D, and D paid to E the above KRW 158 million on the date of the contract, and KRW 15 million out of the remainder KRW 143 million on the date of the contract, in lieu of the lease deposit, the refund of KRW 100 million from E was substituted by the lease deposit, and the remainder KRW 43 million was paid on January 8, 2014.

On May 12, 2014, the Plaintiff filed a lawsuit against C seeking divorce, division of property, etc. (Ulsan District Court 2014da45552). On May 28, 2015, the court rendered a judgment to the effect that “The Plaintiff’s claim for divorce is accepted, but the Plaintiff’s claim for division of property is confirmed as owned by the Plaintiff, and on the premise that the Plaintiff’s claim for division of property is confirmed as owned by the Plaintiff, and thus, the Plaintiff’s claim for division of

The above judgment became final and conclusive on June 19, 2015.

E. The defendant occupies the building of this case until now.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 3-1, 2, 6-1, 2, and 7-1, 4-2, and Eul evidence 2, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1 is the defendant.

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