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(영문) 인천지방법원 2020.11.18 2019가단248486
건물명도(인도)
Text

1. The Defendants shall indicate, among the third floor of the buildings listed in the separate sheet to the Intervenor succeeding to the Plaintiff, the drawings indicated in the separate sheet.

Reasons

1. In full view of the facts in dispute between the parties to the basic facts, and the whole purport of the arguments in Gap evidence Nos. 3, 4, and 7, the following facts are recognized:

A. Defendant D is the father of the Plaintiff’s former wife Nonparty F, and Defendant C is the husband of Defendant D.

B. Defendant D began to reside in the instant real estate around December 2014.

On the other hand, Defendant C currently resides with Defendant D in the instant real estate.

(However, the time when the defendant C first resided is unclear).

On October 6, 2016, the Plaintiff received a divorce complaint against F, and on May 1, 2019, the Plaintiff and F were sentenced to divorce between the Plaintiff and F, and the said judgment became final and conclusive around that time.

Inasmuch as the Plaintiff and F have owned one-half shares, the Plaintiff was solely owned with the transfer of one-half shares of F in the division of property according to the above divorce judgment.

E. On December 31, 2019, when the instant lawsuit was pending, the Plaintiff’s successor entered into a sales contract with the Plaintiff and completed the registration of ownership transfer on January 22, 2020.

F. The Plaintiff stated in the instant complaint the intent to terminate the loan agreement with Defendant D, and the said warden reached the Defendants on September 15, 2019.

2. On January 22, 2020, the fact that the Plaintiff sold the instant real estate to the Plaintiff’s succeeding intervenor on January 22, 2020 is as stated in the above basic facts. Therefore, the Plaintiff has no right to seek delivery of the instant real estate against the Defendants.

3. Determination on the claims of the Plaintiff’s succeeding intervenor

A. On December 2014, the Plaintiff’s assertion that the Plaintiff succeeded to the Plaintiff had Defendant D, a F’s child, reside in the instant real estate free of charge upon F’s request from the F. Since then, Defendant D, who married with Defendant C, had the Defendants reside in the instant real estate.

Contracts between the Plaintiff and the Defendant D are concluded.

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