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(영문) 의정부지방법원 2015.09.24 2015나1445

건물명도

Text

1.The judgment of the first instance shall be modified as follows:

The defendants are attached to the plaintiff among the third floor of the building stated in the attached Form.

Reasons

1. Basic facts

A. On August 9, 2012, the Plaintiff filed an application for a voluntary auction of real estate based on the right to collateral security on October 18, 2010 with respect to the building listed in the separate sheet (hereinafter “instant building”). On the same day, the said court rendered a voluntary decision to commence the auction on August 10, 2012, and on the same day, the registration of the voluntary decision to commence the auction of the instant building was completed.

B. On June 7, 2013, the Plaintiff, at the above auction procedure, sold the instant building at a successful bid, paid in full, and completed the registration of ownership transfer on the instant building on June 14, 2013.

C. At present, the Defendants currently possess the portion (i) part (i) and 41.7 square meters in the line (hereinafter “the occupied portion”) connected each point of the 3rd floor of the instant building, which are in sequence connected with the said points, and Defendant A filed a move-in report with respect to 301 square meters of the instant building on August 23, 2012.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff acquired the ownership of the building of this case, and the defendants currently possess the part of the possession of this case, barring any special circumstance, the defendants are obligated to deliver the part of possession of this case to the plaintiff.

In addition, as above, the defendants obtained profits equivalent to the profits from the possession and use of the part in this case and thereby suffered damages equivalent to the same amount to the plaintiff. In ordinary cases, the amount of profit from the possession and use of real estate is the amount equivalent to the rent of the real estate.

However, according to the results of appraisal by appraiser H of the first instance court from June 8, 2013 to June 7, 2014, the amount equivalent to the rent of the occupied portion of this case is recognized as the fact that causes 400,000 per month.

Therefore, barring any special circumstance, the Defendants as joint illegal occupants are individually the Plaintiff.