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(영문) 서울중앙지방법원 2017.03.31 2016가단5208108

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) from August 26, 2016, entry in the separate sheet.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer on November 22, 2001 with respect to the real estate listed in the attached list (hereinafter “the apartment of this case”). C completed the registration of ownership transfer on November 30, 201 and completed the registration of ownership transfer on April 9, 2009 with respect to the apartment of this case on the basis of the above provisional registration. The Defendant occupied the apartment of this case after filing the move-in report on July 19, 2005.

B. On August 26, 2016, the Plaintiff paid the sale price in full and completed the registration of ownership transfer in the process of compulsory auction by Ulsan District Court DD on the apartment of this case.

C. From August 26, 2016, the monthly rent for the instant apartment is KRW 593,000 in the event that there is no deposit for lease from August 26, 2016 to the present date.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Eul evidence 2, each entry of Eul evidence 2, the result of the commission of appraisal of rent to appraiser E by this court, the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to deliver the instant apartment to the Plaintiff, barring any special circumstances, and to pay unjust enrichment calculated by the ratio of KRW 593,00 per month from August 26, 2016 to the completion date of delivery of the instant apartment from August 26, 2016, which the Plaintiff acquired ownership to the instant apartment.

B. As to the judgment on the defendant's defense, the defendant borrowed the defendant's husband's business grade from the Dong's husband C, and completed the registration of the right to claim the transfer of ownership on November 30, 201 with respect to the apartment of this case in the future C, and as F was unable to repay the business funds, the defendant made the registration of the transfer of ownership of the apartment of this case to C, and entered into a lease agreement between C and C on May 1, 2009 with respect to the apartment of this case as the lease deposit amount of KRW 50 million and the lease term of the apartment of this case from May 15, 2009. Thus, the defendant asserted that it is a lessee with opposing power under Article 3 (1) of the Housing Lease Protection Act.

l.p. g., p.