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(영문) 울산지방법원 2015.07.03 2015가단3616
건물명도 등
Text

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

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

3.

Reasons

1. According to the facts that there is no dispute as to the cause of the claim, the entries in Gap's evidence Nos. 1 and 7, and the purport of the whole pleadings, the plaintiff acquired the ownership of the real estate stated in the separate sheet (hereinafter "the instant house") on May 14, 2013, and the defendants are occupying the instant house and reside therein, and there is no other evidence to acknowledge otherwise.

According to the above facts, the defendants have the duty to deliver the housing of this case to the plaintiff, the owner of the housing of this case, unless there are special circumstances.

2. As to the defendants' assertion

A. The principal assertion of the Defendants consented the Defendant A to pay public charges and reside in the instant housing until redevelopment is promoted.

It is unreasonable for the Plaintiff to seek delivery in the situation where redevelopment, etc. of the instant housing does not proceed.

In addition, the Defendants cannot respond to the Plaintiff’s claim before receiving the management expenses and building repair expenses for the instant house from the Plaintiff.

B. The Plaintiff did not have any evidence to acknowledge the fact that the Plaintiff consented as alleged by the Defendants, and there is no specific assertion and proof as to the management expenses, building repair expenses, and management expenses and building repair expenses that the Plaintiff spent to the Defendants.

The above assertion by the Defendants is without merit.

3. The plaintiff's claim against the defendants is justified.

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