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(영문) 창원지방법원거창지원 2016.03.29 2016가단245

건물명도

Text

1. The Defendants are listed in the separate sheet Nos. 2, 3, 4, 28, 27, and 2 among the buildings listed in the separate sheet No. 1 list to the Plaintiff.

Reasons

1. On November 27, 2014, the Plaintiff filed a registration of ownership transfer based on sale on November 17, 2014 with respect to buildings listed in the separate sheet No. 1 (hereinafter “instant building”).

After the Plaintiff acquired ownership of the building of this case, the Defendants jointly possess each of the parts listed in Paragraph (1) of the disposition of this case without a legitimate possessory right. The amount equivalent to monthly rent for the part possessed by the Defendants is KRW 500,000.

Therefore, the Defendants are obligated to deliver each part of the possession indicated in the Disposition No. 1 to the Plaintiff as joint possessors of the instant building. Since the Defendants were liable for damages equivalent to the Plaintiff’s rent due to unlawful possession of the occupied part, the Defendants jointly have the obligation to pay the Plaintiff the amount of damages calculated at the rate of KRW 500,000, which is the amount equivalent to the monthly rent from November 28, 2014 to the completion date of delivery of the occupied part.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);