건물명도(인도)
1. The Defendants jointly do so to the Plaintiff:
(a) deliver a building indicating the attached real estate;
(b)one million won;
1. Claim against the defendant B
(a)the indication of claims: the following 2-a:
same as the entry in the subsection.
(b) Applicable provisions of Acts: Judgment without pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);
2. Claim against the defendant B
A. The following facts can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 3 as to the facts acknowledged by Gap.
1) On June 14, 2014, the Plaintiff indicated on Defendant B the indication of the attached real estate owned by the Plaintiff (hereinafter “instant building”).
from July 1, 2016 to the same year.
8.1. By January, 8, a lease contract was concluded with a deposit of KRW 5 million, monthly rent of KRW 200,000 (hereinafter “instant contract”) and it was renewed several times.
2) Thereafter, around May 2018, the Plaintiff agreed to terminate the instant contract with Defendant B, and on May 8, 2018, the Plaintiff returned KRW 5 million to Defendant C who occupied the instant building, both Defendant B’s father and Defendant C. (3) From May 2018 to the closing of argument, Defendant C occupied and used the instant building as its intended purpose.
B. According to the above facts of recognition 1, Defendant C has the duty to deliver the instant building to the Plaintiff, the owner of the instant building without any title. According to the above facts of recognition, Defendant C, as the possession and use of the instant building, obtained its profit and thereby suffered the same amount of loss to the Plaintiff. Accordingly, Defendant C, as an unfair profit, is obligated to refund the amount equivalent to the rent of the instant building to the Plaintiff as an unfair profit.
Therefore, Defendant C is obligated to pay to the Plaintiff the amount of money calculated by the rate of KRW 200,000 won per month from June 1, 2018 to October 31 of the same year and the rate of KRW 200,000 per month from November 1, 2018 to the completion of the delivery of the instant building.
C. Accordingly, the Plaintiff’s claim against Defendant C.