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(영문) 창원지방법원 2018.05.02 2017가단111225
건물명도(인도)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff seeks compensation for damages equivalent to the delivery of the instant building and rent, on the ground that he/she was in the lawful purchaser status of the instant building through the process as follows (the network Defendant EF Plaintiff).

1) The instant building is an unauthorized building with the network D’s head E. As the network D died on April 23, 1987, the Defendant, who followed the deceased on April 23, 1987, independently inherited the instant building. Then, on September 5, 1988, sold the instant building to E at KRW 10 million.

3) On May 17, 2012, E again donated the instant building to F, his wife, and on May 17, 2012, F sold the instant building to the Plaintiff on December 31, 2016 together with other nearby real estate.

B. As to this, the Defendant did not sell the instant building to E on its own after inheritance, and accordingly, the Plaintiff purchased the instant building from F via E.

Even if there is no authority over the instant building, the Plaintiff’s claim should be dismissed.

2. Determination

A. As seen earlier, the Plaintiff’s assertion of the cause of claim is premised on the fact that the right to the building of this case was transferred in sequence in order of the deceased Defendant EF Plaintiff, and thus, in order to establish the Plaintiff’s assertion, the above assertion is established.

1.(a)

2) The facts of the sale and purchase transaction of “Defendant E” as referred to in paragraph (1) must be first acknowledged. However, it is insufficient to acknowledge that the Defendant sold the instant building to E on or around September 5, 198, only with the entries of the evidence No. 2, and there is no other evidence to acknowledge it (the Plaintiff also acknowledges that there is no objective evidence, such as the contract for the purchase of the instant building from the Defendant or the details of transactions in exchange for the purchase price, etc.

C. Meanwhile, on the other hand, the Plaintiff’s registration of preservation of ownership was completed on February 20, 2018 for real estate, such as the following indication.

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