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(영문) 부산지방법원서부지원 2019.01.15 2018가단5681
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

Attached Form

On May 24, 199, the fact that the registration of ownership transfer was completed under the name of the plaintiff on May 24, 199, and the fact that the defendant currently occupies the above real estate is no dispute between the parties.

Therefore, the real estate indicated in the attached list is presumed to be owned by the plaintiff and the entry in the attached list No. 2 alone is insufficient to reverse this (the defendant asserts that the above real estate is the real estate trusted to the plaintiff by the plaintiff and the defendant's father C, but it is insufficient to recognize that the above owner's presumption is followed and C is the real owner). The defendant is obliged to deliver the above real estate to the plaintiff, barring any special circumstances.

The defendant asserts to the effect that the above real estate was leased from the above C, and that there was a legitimate right to possess the above real estate, but as long as C cannot be recognized as a genuine owner of the above real estate, the defendant cannot oppose the plaintiff, the owner of the above real estate even if C was leased from C, so the above argument by the defendant is without merit.

Therefore, since the defendant is obligated to deliver the real estate stated in the attached list to the plaintiff, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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