건물명도 등
1. The Defendants shall jointly and severally deliver to the Plaintiff the building indicated in the attached list, and from August 29, 2009.
1. Basic facts
A. On June 19, 2009, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant building”) from D on June 19, 2009 and completed the registration of ownership transfer in its name on August 20, 209.
B. On August 28, 2009, E drafted and delivered to Defendant B a lease agreement of KRW 200 million for a lessor, Defendant B, and a lease deposit of KRW 200 million.
(hereinafter “instant lease agreement”). C.
The Defendants are residing in the instant building from August 29, 2009, and the amount equivalent to the rent for the instant building is KRW 2 million per month.
[Reasons for Recognition: Facts without dispute, deemed confessions, Gap 2 evidence, Gap 1 evidence, the purport of the whole pleadings]
2. Assertion and determination
A. The judgment on the Plaintiff’s claim is presumed to be the owner of the instant building, since the Plaintiff completed the registration of ownership transfer concerning the instant building.
The Defendants asserted that the instant lease agreement was lawfully concluded between E and Defendant B, a legitimate right holder, as E, because E was title trust of the instant building to the Plaintiff, but the Defendants asserted that E and Defendant B were the legitimate right holder. However, there is no evidence to reverse the presumption that the Plaintiff owned the instant building, and there is no other evidence to reverse the presumption that the Plaintiff owned the instant building.
Therefore, the Defendants are obliged to deliver the instant building to the Plaintiff, the owner of the instant building, and to pay unjust enrichment equivalent to rent, unless they assert and prove legitimate title to possess the instant building.
B. 1 Defendants’ defense regarding the Defendants’ defense (1) is also valid, and Defendant B entered into the instant lease agreement with the Defendants, and thus, acquired the right to lease of the instant building. ② Even if not, E entered into a gift agreement with the Defendants to obtain a lease agreement, and the said agreement is performed.