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(영문) 전주지방법원 2018.08.23 2017나11820

건물명도(인도)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On June 28, 2005, the Plaintiff purchased the instant real estate in KRW 23,000,000 from D who was the former owner of the real estate listed in the [Attachment List] on June 28, 2005, and completed the registration of ownership transfer as the receipt No. 9160 on June 29, 2005.

B. The Defendant and C have occupied and used the instant real estate from the time when the Plaintiff acquired ownership of the instant real estate as above until the date of the conclusion of pleadings.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff is seeking unjust enrichment from May 26, 2012 to May 25, 2017, since the Plaintiff received ownership of the instant real estate from May 26, 2012 to May 26, 2017, inasmuch as the Plaintiff sought unjust enrichment from the acquisition of ownership of the instant real estate and the period from May 26, 2012 to the time the instant lawsuit was filed, the Plaintiff is deemed to seek unjust enrichment from May 25, 2017, from May 26, 2012 to May 25, 2017.

25,00,000 won for the five-year period of unjust enrichment (=5,00,000 won for annual rent x 5 years).

The defendant did not assert or prove the right to possess the real estate of this case. According to the above facts of recognition, the defendant and C jointly possess, use, and profit from the real estate of this case without any legal ground. Thus, the defendant are jointly obligated to return the real estate of this case to the plaintiff, jointly with C, and jointly with C to return the amount equivalent to the damages suffered by the plaintiff as unjust enrichment.

Furthermore, with respect to the amount of unjust enrichment that the defendant and C should return to the plaintiff, the amount of profit from the possession and use of ordinary real estate is that.