건물명도 등
1. The judgment of the court of first instance is modified as follows.
The defendant shall provide the plaintiff with the real estate listed in the attached list No. 1.
1. Facts of recognition;
A. The Plaintiff paid the sale price on October 10, 2014 in the voluntary auction procedure with respect to the instant real estate and acquired ownership (C through Changwon District Court). The Plaintiff completed the registration of ownership transfer on October 20, 2014.
B. The defendant currently occupies the real estate of this case.
C. The rent from October 10, 2014 to October 9, 2015 regarding the instant real estate is KRW 700,000 per month.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the result of the commission of appraisal to the Japanese Appraisal Corporation, the purport of the whole pleadings
2. The judgment of this Court
A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, and to return unjust enrichment equivalent to the rent from October 10, 2014 to the present.
Furthermore, the amount of unjust enrichment that the defendant should return to the plaintiff is the amount equivalent to the rent of the real estate in ordinary cases, and the amount of profit from the possession and use of the real estate is the amount equivalent to the rent of the real estate. The fact that the rent of the real estate in this case from October 10, 2014 to October 9, 2015 nearest the date of the conclusion of the pleadings at the trial at the trial at the court at the court at the court at the court at the above time is recognized as above, and the rent thereafter is confirmed as the same amount. Accordingly, the amount of unjust enrichment that the defendant should return to the plaintiff is the amount calculated by the ratio of 70,000 won per month from October 10, 2014 to the date of the completion of delivery of the real estate at issue to the plaintiff.
B. As to the Defendant’s assertion 1), the Defendant asserts that there was a claim for the construction cost incurred with respect to the instant real estate, and that the instant real estate has the right to retain the instant real estate until the repayment is made. 2) According to the evidence No. 3, the Defendant’s claim for construction cost equivalent to KRW 97 million in the voluntary auction procedure for the instant real estate.