건물명도
1. All the appeal filed by the Defendant and the Plaintiff (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim filed at the trial.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Determination as to the principal lawsuit
A. In full view of the statement No. 1 of the judgment on the cause of the claim and the purport of the entire argument as a result of appraisal by the appraiser E of the first instance trial, the Plaintiff’s voluntary auction procedure (Seoul Northern District Court FF, hereinafter “instant auction”) and completed the registration of ownership transfer in the future on January 22, 2016. However, the Defendants, a couple, jointly occupy and use the instant real estate before January 22, 2016, can be recognized as constituting the difference between the instant real estate and the amount of KRW 946,200.
According to the above facts of recognition, the Defendants who occupy the instant real estate are jointly obligated to jointly deliver the instant real estate to the Plaintiff, and to pay the amount calculated by the ratio of KRW 946,200 per month to the amount of unjust enrichment equivalent to the rent incurred by occupying and using the instant real estate without any legal cause from February 1, 2016 to the completion of delivery of the instant real estate.
B. The Defendants asserted that they are opposing tenants 1) The Defendants asserted that Defendant C leased the instant real estate from G on March 29, 201 to KRW 2200,000,000,000 without rent, and acquired opposing power under the Housing Lease Protection Act after residing in the said real estate after the moving-in report was completed. According to each of the evidence Nos. 1, 3, and 5, Defendant C, the wife of Defendant C, the agent of Defendant B, set the lease deposit amount of KRW 22,00,000 and the lease term of the instant real estate from September 28, 201 to September 27, 2013 (Evidence No. 3; hereinafter “instant contract”).
In preparing the contract deposit, the Defendants stated that the intermediate payment of KRW 59 million and the remainder of KRW 43 million shall be paid respectively on August 23, 201, and the Defendants shall pay the down payment of KRW 100 million on the contract date. < Amended by Presidential Decree No. 23265, Oct. 5, 2011>