건물명도 등
1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the annex sheet;
B. From June 24, 2009, the above buildings were constructed.
1. Facts and determination of the cause of the claim
A. Comprehensively taking account of the respective entries and arguments in Gap evidence Nos. 1 through 5 and Gap evidence Nos. 8 through 12 (including each number), the plaintiff, as the defendant's words, filed a registration of the right to claim the transfer of ownership on the ground of the pre-sale of the building on June 29, 2004 (hereinafter "the building of this case"), but on August 31, 2007, the same month for the building of this case.
1. The fact that on August 1, 2007, the registration of transfer of ownership based on sale was completed, the plaintiff leased two of the building in this case to the non-party C, who is the defendant's son, for a monthly rent of KRW 300,000 among the building in this case, and for a period of 12 months from August 1, 2007 to 12 months from the lease term (hereinafter "the lease in this case"), and the lessee stated that "the lease contract with the former lessee is null and void" as the special agreement at the time, and the non-party C did not pay the above monthly rent at all. The plaintiff notified that the above lease contract was terminated on May 13, 2009, and C notified that it terminated the above lease contract with the above above C.
6. The fact that the building of this case was delivered to the Plaintiff on June 24, 2009, and the Defendant occupied the building of this case without permission on June 24, 2009, and can be recognized as residing in the above building until now. The monthly rent after the building is presumed to be KRW 300,000.
B. According to the above facts, the defendant, who is an unauthorized occupant of the building of this case, is obligated to deliver the building of this case to the plaintiff, who is the owner of the building of this case, and to pay unjust enrichment in proportion to the rent of KRW 300,000 per month from June 24, 2009 to the completion date of delivery of the building of this case.
2. The parties' assertion and judgment
A. First, on December 15, 2005, the Defendant: (a) from D, the former owner of the instant building on December 15, 2005, two rooms among the instant building are KRW 30 million; (b) from January 16, 2006; (c) from January 16, 2006, 24 months; and (d) as a special agreement, KRW 30 million.