건물명도
1. The Defendants are jointly and severally and severally liable to the Plaintiff at the rate of KRW 300,000 per month from September 8, 2015 to October 15, 2017.
1. Basic facts
A. On August 21, 2015, the Plaintiff purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) at the Busan District Court’s East Branch’s auction procedure.
B. The Defendants paid KRW 7 million around July 20, 2008 to Nonparty D, who claimed as the lien holder of the instant real estate, as married couple, and occupied and used the instant real estate from July 20, 208, and retired on October 15, 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings
2. On the grounds that the Plaintiff sought the delivery of the instant real estate, the ownership of which was acquired in the auction procedure, and the return of unjust enrichment from the rent, the Defendants asserted that the Defendants should pay to Nonparty D, the lien holder, for consideration, and for possession and use of the instant real estate, not illegal possession. The amount of unjust enrichment equivalent to the rent should be recognized only after June 2016, when the distribution procedure was conducted in the auction procedure, taking into account the grace period for directors for a six-month period, etc., and that the amount of monthly rent claimed by the Plaintiff is too large, and the Plaintiff should pay to the Defendants the amount of the instant real estate, the repair cost, etc. paid by the Defendants to D, and the director cost.
As seen earlier, the Defendants do not leave the instant real estate on October 15, 2017 and do not occupy the instant real estate any longer, and thus, the Plaintiff’s request for extradition is without merit.
Next, at least KRW 300,000 per month of the amount equivalent to the monthly rent of the instant real estate does not dispute the Defendants.
(A) On September 28, 2017, Defendant C acknowledged that the monthly rent is KRW 300,000,000. On September 28, 2017, the Plaintiff explicitly expressed his intent not to conduct an appraisal of monthly rent, and there is no evidence to acknowledge that the monthly rent exceeds KRW 300,000,000 per month.
Therefore, the Defendants raised objection from August 21, 2015, which the Plaintiff acquired the ownership of the instant real estate.