beta
(영문) 울산지방법원 2014.12.19 2014가단12002

건물명도

Text

1. The defendant shall be the plaintiff.

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

(b) KRW 8,682,182 and as regards these, the amount of KRW 8,682.

Reasons

1. Facts of recognition;

A. On October 20, 2008, the Defendant entered into a lease agreement with Songdi Development Co., Ltd. (hereinafter “Songdi Development”) to lease the real estate listed in the separate sheet owned by the Nonparty Company (hereinafter “instant building”) by setting the deposit amount of KRW 50 million from October 20, 2008 to October 20, 2010. Around that time, the Defendant occupied the instant building and occupied the instant building up to the present day.

B. On August 30, 2006, the Plaintiff entered into a pre-sale agreement on the instant building with the Nonparty Company and completed the registration of the Plaintiff’s right to claim ownership transfer on the same day.

Then, the Plaintiff filed a lawsuit against Nonparty Company for the implementation of the principal registration procedure based on provisional registration with respect to the instant building by the Ulsan District Court 2012Kadan2643, and received a favorable judgment on August 3, 2012. The judgment became final and conclusive around that time, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on October 16, 2012 based on the above judgment.

C. The Defendant did not file a move-in report on the instant building from the time the Plaintiff commenced occupying the instant building until the Plaintiff acquired ownership of the instant building. On December 4, 2012, after the Plaintiff acquired ownership of the instant building, the Defendant completed the move-in report on the instant building.

According to the appraiser C’s appraisal result, the total rent from October 17, 2012 to October 31, 2014, which is the following day after the Plaintiff acquired the ownership of the instant building, shall be KRW 8,682,182 as shown in the following table, and the monthly rent for the instant building from November 1, 2014, shall be KRW 386,870.

The sum of the monthly rental fees for a period of time from October 17, 2012 to October 31, 2012 (343,960 166,432 (343,960 x 15/31 x less than won) to September 30, 2013; 343,960 3,783,560 (343,960 x 11 month) x 362,104,345, 320 (362, 110 x 12 months) shall be October 1, 2013 to September 30, 2013.