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(영문) 서울고등법원 2019.11.22 2019나2012136
건물명도(인도)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning for this Court’s reasoning is as follows, and this part of the underlying facts is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, given that the relevant part of the judgment of the first instance is identical to

The "Defendant" in the fourth 16 line of the judgment of the first instance court shall be applied to "E".

The registration of preservation of ownership in the name of H, etc. has been cancelled due to the final and conclusive judgment on May 4, 2018, and the registration of preservation of ownership has been completed in the future E due to the final and conclusive judgment on May 4, 2018. "The registration of preservation of ownership in the name of H, etc. has been cancelled due to the final and conclusive judgment, and on May 4, 2018, E has been completed in the future."

The "D in accordance with delegation by the network plaintiffs" shall be applied to "WD according to delegation by the plaintiffs" under the five bottom of the judgment of the first instance court.

2. Determination as to Plaintiff A’s claim for extradition of real estate

A. The summary of the plaintiff A's assertion shall be delivered to the plaintiff A for the following reasons.

1) The Plaintiff A owns 1/2 shares of the instant real estate, and the Defendant occupies and manages the instant real estate exclusively, and thus, the Plaintiff A seeks to deliver the instant real estate to the Defendant to preserve the instant real estate as co-owners. (2) The Plaintiff A, as co-owners of the instant real estate, has the right to claim for the registration of transfer of ownership and the right to claim for delivery of a building regarding the said 1/2 shares against E, who is the former owner. As such, the Plaintiff A seeks for the delivery of the instant real estate against the Defendant who illegally occupies the instant

3) The Plaintiffs are the network D (hereinafter “the network”).

Since the Defendant, after the death of the Deceased, delegated management of the instant real estate to the Deceased, taking into account the partial apportionment of the purchase price of the instant real estate, is obligated to deliver the instant real estate upon the request of the Plaintiff A.

(b).

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