(영문) 대구지방법원 김천지원 2021.01.20 2020가단32998

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 김천지원 2021.01.20 2020가단32998

건물인도

Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. The Defendants jointly do so on February 2020.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in evidence Nos. 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11, unless there is a dispute between the parties or in full view of the purport of the entire pleadings:

A. On September 30, 202, the ownership of the real estate listed in the separate sheet (hereinafter “the apartment of this case”) was transferred to D on the ground of sale and purchase on September 30, 2002, on December 20, 2002. Defendant B made a move-in report to the apartment of this case on February 26, 2008, and lived with D, and Defendant C completed the move-in report to the apartment of this case as of December 9, 2009 with Defendant B’s child.

B. D’s death on February 16, 2020 (hereinafter “the Deceased”), and the Plaintiff, a deceased’s child, inherited solely. On May 12, 2020, the Plaintiff completed the registration of transfer of ownership in the Plaintiff’s name on the ground of inheritance on February 16, 2020.

(c)

Defendant B is residing in the apartment of this case even after the death of the deceased, and Defendant C does not permanently reside in the apartment of this case, but is made a move-in report to the apartment of this case, and Defendant C’s articles are also located in the apartment of this case.

2. Determination as to the cause of claim

A. According to the facts found in the judgment on the duty to deliver the apartment of this case, the defendants resided in the apartment of this case, and the plaintiff's use of and profit from the apartment of this case is restricted, and thus, the plaintiff is under the legitimate exercise of ownership.

Therefore, the defendants are obligated to deliver the apartment of this case to the plaintiff.

B. According to the above facts, the Defendants were unable to exercise their legitimate rights to the apartment of this case as they resided in the apartment of this case and occupied it. The Defendants obtained the benefits equivalent to their rents by using and earning from the apartment of this case without any legal cause, and the Plaintiff is equivalent to the same amount.

유사 판례

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