건물명도 등
1. The Plaintiff:
(a) Defendant A and B deliver the real estate listed in the separate sheet;
B. The Defendants respectively are KRW 3,800,000.
1. Determination as to the cause of claim
A. 1) On November 7, 2012, the Plaintiff’s real estate listed in the separate sheet (hereinafter “instant apartment”) on November 7, 2012
On July 4, 2012, Defendant C completed the registration of ownership transfer on the ground of sale by compulsory auction on July 4, 2012. 2) Defendant C had Defendant A and B move into the instant apartment from February 17, 2013, and Defendant A and B use and benefit from the said apartment from around that time.
3) From December 7, 2012 to November 15, 2013, the amount equivalent to the rent of the instant apartment from November 2015, 2013, which is close to the date of the closing of argument in the instant case, is KRW 449,200 per month. The fact that there exists no dispute as to the ground for recognition, Gap evidence 1, 4, and 6 (each entry and video including a serial number, and the result of the request for the appraisal of rent for appraiser D by the instant court, the purport of the entire pleadings, as
B. According to the above facts of recognition, Defendant C is an indirect occupant, and Defendant A and B are occupying and using the apartment of this case as a direct occupant. Thus, Defendant A and B are obligated to deliver the apartment of this case to the Plaintiff, and the Defendants are obligated to pay unjust enrichment equivalent to rent due to their possession and use of the apartment of this case.
Furthermore, with respect to the scope of unjust enrichment, the amount of profit from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent where the real estate is used in accordance with its original usage. From December 7, 2012 to November 15, 2013 near the date of closing argument in the instant apartment from November 2013, the fact that the amount equivalent to the rent of the instant apartment from December 7, 2012 to November 15, 2013 is 449,200 as seen earlier, and thereafter it is ratified that the rent thereafter is the same amount.
Therefore, the Defendants, within the scope of unjust enrichment equivalent to the rent from February 17, 2013 to November 5, 2013, are obligated to pay to each Plaintiff unjust enrichment equivalent to the rent of KRW 3,800,000 and the rent of KRW 449,200 per month from November 6, 2013 to November 6, 2013, as sought by the Plaintiff.
2. As to the Defendants’ assertion.