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(영문) 대전지방법원 2017.04.06 2016가단215070
건물명도
Text

1. The Defendants shall deliver to the Plaintiff the real estate indicated in the attached Form.

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

3...

Reasons

1. The parties' assertion

A. The Plaintiff is the owner of the real estate indicated in the attached Form (hereinafter “instant building”).

The defendants occupy the building of this case without authority.

Therefore, the Defendants are obligated to deliver the instant building to the Plaintiff as the owner.

B. The Defendants’ instant building is owned by the Defendants, and is title trust to the Plaintiff.

In 2004, the Plaintiff completed the registration of ownership transfer to the Defendants by the end of 2005.

The plaintiff's claim is without merit.

2. Determination

A. According to the evidence Nos. 1 and 6, in full view of the overall purport of the pleadings, the Plaintiff entered into a sales contract to purchase the instant building and land from D on March 14, 2002, and on September 16, 2002, the Plaintiff completed the registration procedure for transfer of ownership with respect to the instant building on August 20, 202 as the grounds for registration.

B. According to the above facts, it is reasonable to deem that the Plaintiff acquired ownership of the instant building and owned it.

C. Each description or photographic image of the evidence Nos. 1 through 37 (including each number), the Defendants acquired ownership of the instant building and held title trust with the Plaintiff.

In light of the above legal principles, it is insufficient to view that the Defendants acquired the ownership or possession right of the instant building between the Plaintiff and the Defendants, and there is no evidence to prove the Defendants’ assertion.

Therefore, the above assertion by the defendants is without merit.

3. Conclusion, the Defendants are obligated to deliver the instant building to the Plaintiff, the owner, and the Plaintiff’s claim of this case is justified.

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