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(영문) 서울남부지방법원 2015.10.22 2015가단28467 (1)
건물인도
Text

1. The Defendants shall withdraw from the building indicated in the attached list to the Plaintiff.

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

3.

Reasons

1. On January 5, 2015, the Plaintiff purchased a building listed in the separate sheet from D on January 5, 2015 and registered it as the owner on February 11, 2015, and the Defendants currently reside in the said building.

[Evidence] Facts without dispute (which is between the plaintiff and the defendant C), Gap evidence 1, 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the plaintiff's assertion, the defendants are obligated to leave the building of this case against the plaintiff presumed to be the owner of the building of this case, unless there are special circumstances.

3. Determination as to Defendant C’s assertion

A. First, the above defendant asserted that the plaintiff's building of this case was implemented by the reconstruction association which is the president of the association, and as a loan constructed by the Eul corporation, the reconstruction association and the Eul corporation are in a partnership relationship, and the above defendant is a person who purchased the building of this case from the E corporation, and thus, it cannot accept the plaintiff's claim. However, there is no evidence to support whether the above defendant's assertion was in a partnership relationship between the reconstruction association of the above defendant and the E corporation which is the constructor of the building of this case, and the reasons as alleged by the above defendant cannot be viewed as refusing the plaintiff's claim for eviction against

B. In addition, the above defendant alleged that the sales contract with the plaintiff and the E company's representative director is false, but there is no evidence to acknowledge it, and the above defendant's assertion is without merit.

C. In addition, the above defendant alleged that D sold the building of this case to the plaintiff constitutes a fraudulent act, but there is no evidence to acknowledge this, and the above defendant's assertion is without merit.

4. In conclusion, the plaintiff's claim against the defendants is justified and all of the claims are accepted.

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