건물인도 등 청구의소
1. On the Plaintiff (Counterclaim Defendant),
A. The Defendants indicated in the separate sheet Nos. 1, 2, 3, 4, 5, 6.
1. Facts of recognition;
A. The building listed in the separate sheet No. 1 (hereinafter “instant building”) was owned by the Plaintiff’s original father D, and the registration of ownership transfer was completed on December 4, 2015 under the Plaintiff’s name on the ground that the Plaintiff owned the inherited property solely according to the inherited property division trial (the Seoul Family Court 2013 Mahap148, February 11, 2015).
B. The instant building has been managed by Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). Defendant B, as the de facto representative of Nonparty Co., Ltd. on March 28, 2013, independently occupied the instant building without any authority after transferring Nonparty Co., Ltd. to Nonparty F on or around March 2016. After transferring the right to use part of the instant building to Defendant C on or around March 2016, jointly with Defendant C, up to now, the part of the instant building connecting each of the items in attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 11 of the instant building (hereinafter “instant part”).
C. On August 25, 2016, the Plaintiff filed an application against the Defendants for provisional injunction against the possession transfer of the instant part (Seoul Central District Court 2016Kadan4582), and the said provisional injunction was executed on September 5, 2016.
Meanwhile, Defendant B possessed the part of the instant case from April 2013 to February 2016 (i.e., KRW 51,05,000 in total (i.e., KRW 12,69,000 from April 4, 2013 to December 2013) plus KRW 17,364,00 from January 2014 to December 2014 + KRW 17,904,000 from January 2015 to December 2015 + KRW 3,08,00 in total from January 2016 to February 2016). Rent in 2016 is KRW 15,4,00 in total.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 10 evidence (including a provisional number; hereinafter the same shall apply), the result of appraisal of the appraiser G's fee, the purport of the whole pleadings
2. A board (the main office and counterclaim shall be deemed to be submitted together);
A. The summary of the parties’ assertion 1 is the principal lawsuit of this case, and the Defendants are owned by the Plaintiff.