건물인도 등
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. On May 26, 2017, the Plaintiffs purchased real estate listed in the separate sheet (hereinafter “instant real estate”) in the procedure for compulsory auction on May 26, 201, and completed the registration of ownership transfer by 1/2 shares on the same day.
B. The Defendant was the real estate owner prior to the purchase by the Plaintiffs.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiffs asserted that the Defendant occupied the instant real estate without title.
(2) However, there is no evidence to acknowledge that the Defendant actually controlled the instant real estate as of the date of closing argument.
Rather, the Plaintiffs recognized that they freely have access to the instant real estate on the third day for pleading on which the pleadings have been concluded.
(3) The plaintiffs' assertion that the Defendant occupied the instant real estate without permission is without merit. (3) The plaintiffs' assertion that the Defendant occupied the instant real estate without permission is without merit.
B. The plaintiffs asserted that (1) the defendant has a duty to pay 450,000 won per month from May 26, 2017 to January 31, 2019, each of the plaintiffs is liable to pay 4050,000 won (=540,00 won per month x 15 months (from May 26, 2017 to August 25, 2018) / 2) and KRW 270,00 won per month from August 26, 2018 to January 31, 2019.
(2) Ordinary gains obtained through the possession and use of real estate are equivalent to the monthly rent of such real estate (see, e.g., Supreme Court Decision 95Da11955, 11962, Aug. 22, 1995). The amount of the gains, which is ordinarily acquired through the possession and use of real estate, bears the burden of proof against the Plaintiffs.
The Plaintiffs clearly expressed their intent not to file an appraisal to prove monthly rent of the instant real estate, despite the demands of this Court.
(3) No. 3 (Certificate of Rent) is the rent of KRW 9,000 per 3.3 square meters when a person “F of the E Licensed Real Estate Agent Office” leases the instant real estate.