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부산지방법원 2019.05.23 2018나50956

건물인도 등

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is that the relevant part of the judgment of the court of first instance is the same as that of the relevant part of the judgment, and thus, they are cited in accordance with the main sentence of Article

2. The reasons why the court should explain this part of the judgment on the cause of the claim are as stated in the main sentence of Article 420 of the Civil Procedure Act, since this part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the case where "the above" is used as the part of the judgment of the court of first instance, since it is the same as the part of the judgment of the court of first instance.

According to the above facts, inasmuch as the defendant uses or benefits from the original method of using or benefitting from the pertinent real estate, unlike the agreement on the method of using or benefitting from the pertinent real estate, and the plaintiffs who correspond to a majority of co-ownership seek to transfer the pertinent real estate against the defendant, the defendant is obligated to deliver the instant real estate to the plaintiffs and return the amount equivalent to the profits from the use of the said real estate in unjust enrichment. Furthermore, with respect to the amount of profits that the defendant should return to the plaintiffs, the amount of profits from the use of the instant real estate shall be deemed to be the amount equivalent to the rent. The rent amount here refers to the actual rent at the time of unjust enrichment (see, e.g., Supreme Court Decisions 2002Da4603, 46027, 46010, Nov. 13, 2002), and the so-called operating profits remaining by the beneficiary using the property with his own own effort, etc. shall be returned to the defendant within the scope of 15th, 25015.