건물명도(인도)
1. The Defendants are jointly and severally liable to the Plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. From November 1, 2017, the same shall apply.
According to the overall purport of evidence Nos. 1 and 6, the Plaintiff acquired ownership of the real estate listed in the separate sheet (hereinafter “instant building”) on February 27, 2017, and the Defendants, as their family members, filed a move-in report on the instant building on October 20, 2017, and thereafter possess the instant building without any title until now.
Thus, the defendants are jointly and severally liable to deliver the building of this case to the plaintiff and return unjust enrichment from the occupation to the completion date of delivery.
With respect to the amount of unjust enrichment to be returned by the Defendants, unjust enrichment from possession or use of real estate in ordinary cases is the amount equivalent to the rent of the said real estate. According to the appraisal result by appraiser E of this court, it can be recognized on November 1, 2017, which is the monthly rent of the instant building, around the date of possession by the Defendants, as well as on November 1, 2017, and thereafter it is ratified that the rent will be the same amount.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount equivalent to the rent calculated at the rate of KRW 606,660 per month from November 1, 2017 to the completion date of delivery of the instant building.
The defendants asserted that the defendant paid KRW 240 million from F, the lien holder, and possessed the lien on the building of this case. However, the defendants' submission of the above evidence alone cannot be recognized. Thus, the above argument is without merit.
The plaintiff's claim is accepted.