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(영문) 서울서부지방법원 2013.12.27 2013가단23573
부동산명도
Text

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

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

3.

Reasons

1. The Plaintiff, on August 1, 201, donated real estate listed in the separate sheet (hereinafter “instant building”) from C on August 1, 201, completed the registration of ownership transfer concerning the instant building on the 12th of the same month.

The Defendants currently live in the instant building and possess them.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings is to deliver the building of this case to the plaintiff seeking the exclusion of disturbance based on ownership unless there are special circumstances.

2. Judgment on the Defendants’ assertion

A. The Defendants asserts that the judgment on the title trust assertion is as follows.

The instant building continued to be owned and managed at the general meeting of the Korean Film Council Joint Reforming Assembly (hereinafter “general meeting”). Since, after title trust with C, a member of the general meeting, registered the Plaintiff’s ownership in the form that C donates to the Plaintiff, the Plaintiff is merely the title trustee.

Therefore, the claim of this case based on the premise that the plaintiff is the owner of the building of this case is without merit.

With respect to whether the instant building owned by the general assembly and owned by the Plaintiff, it is not sufficient to recognize the title trust only with the statement of Nos. 6, 8, 9-18, and there is no other evidence to acknowledge it.

The Defendants’ assertion premised on this premise is without merit to examine the remainder.

B. The Defendants asserts that the Defendants’ assertion of onerous donation is as follows.

C Donation of the instant building to the Plaintiff is an onerous donation with the duty to allow the Defendants, who continued to be able to reside in the instant building without compensation even if the Plaintiff acquired ownership thereof.

The plaintiff is not entitled to request the delivery of the building of this case against the above burden.

C The gift of the instant building by the Defendants is free of charge.

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