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(영문) 수원지방법원 여주지원 2017.02.02 2016가단4480
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that D’s judgment as to the cause of the claim newly constructed the instant building as stated in the purport of the claim and acquired its ownership, the fact that the Defendant occupied the said building does not conflict between the parties, or that the Defendant did not have any dispute between the parties, and that the evidence Nos. 10-1 through 6, No. 1, No. 2, and No. 2, and the purport of the entire pleadings as a whole.

The Plaintiff asserted that the Plaintiff purchased ownership from D and acquired ownership of the instant real estate that it was unregistered and unregistered, without permission, from D, and sought a transfer of the instant real estate to the Defendant.

The records of evidence Nos. 5, 5, 7, and 17 alone are insufficient to recognize that Nonparty E is the owner of the instant real estate, and there is no other evidence to acknowledge them (the fact that there is no dispute between the parties concerned, and according to the purport of the whole pleading in the statement Nos. 1, the Plaintiff’s assertion that the Defendant purchased the instant real estate from the above E cannot be deemed to have the right to claim delivery of the instant building directly against the Plaintiff, including the ownership, solely on the fact that the Plaintiff alleged that the Plaintiff purchased the said real estate from the above E, the original acquisitor of the said building, according to the overall purport of the pleading No. 1). (See, e.g., Supreme Court Decision 2016Da21483, 214490, Jul. 29, 2016).

2. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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