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(영문) 서울중앙지방법원 2019.11.27 2019나24871

건물명도(인도)

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1. The judgment of the first instance court, including any claims that were reduced and added by this court, shall be modified as follows:

Reasons

1. Facts of recognition;

A. On April 3, 199, the network E completed the registration of initial ownership of a building listed in the separate sheet (hereinafter “instant building”) around April 3, 199, and completed the registration of ownership transfer of the instant building on June 13, 201 on the ground of inheritance due to a consultation and division as of July 4, 2010, after the deceased of the network E.

B. Defendant C filed a move-in report on the instant building on March 25, 1996, and Defendant D, an son of Defendant C, filed a move-in report on the instant building on March 28, 2005, and the Defendants possessed two floors from the time of the said move-in report to the date of the said move-in report.

C. After the registration of transfer of F’s ownership was completed with respect to the instant building, the instant building was created on June 20, 201 by the debtor F, the maximum debt amount of KRW 832,00,000, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, was respectively established on September 22, 2011.

The Plaintiffs were selected as the highest price buyer in the voluntary auction procedure (Seoul Central District Court I) for the instant building that was commenced upon the request of the G Union, and paid in full the sale price on May 15, 2015, and completed the registration of ownership transfer on May 29, 2018.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2 (including paper numbers), Gap evidence Nos. 4 through 6, Eul evidence No. 1, and the fact-finding inquiry to J of the first instance court, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that they occupy the building of this case without the titles of possession by the Defendants. Thus, the Defendants deliver the building of this case to the plaintiffs who are the owners of the building of this case. The plaintiffs acquired ownership of the building of this case from May 15, 2018 to the delivery date of the building of this case, which is the unjust enrichment equivalent to the difference of the plaintiffs as stated in the purport of the claim due to the possession and use of the building of this case.