건물명도
1. The Defendants are to the Plaintiff:
(a) deliver the real estate listed in the separate sheet;
(b) jointly carry out 2,100,000 won and those;
1. Facts of recognition;
A. On April 28, 2005, through D and brokerage assistant E, a real estate broker, the Plaintiff leased F real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant housing”) to F as monthly rent ( deposit KRW 5 million, monthly rent KRW 300,000).
B. On May 26, 2008, E entered into a contract to lease the instant house to Defendant B under the name of the Plaintiff without the Plaintiff’s consent or consent.
C. Defendant C had obtained the consent of Defendant B, while residing in the instant house from June 2008, occupied and used it. Defendant C occupied the instant house through Defendant C.
If the instant house was leased to another person, the amount equivalent to the rent is at least KRW 300,000 per month.
[Reasons for Recognition] Article 150 of the Civil Procedure Act / [Inter-party B], Evidence Nos. 1 to 4, and the purport of the entire pleadings [Inter-party C]
2. According to the above facts of recognition, the defendants have no right to possess and use the housing of this case, and there is no obligation to deliver the housing of this case to the plaintiff who is the owner.
In addition, as requested by the Plaintiff, the Defendants jointly pay 2.1 million won, which is equivalent to the rent from November 1, 2015 to May 30, 2016 (=300,000 won x 7 months) as well as damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 24, 2016 to the date of full payment, as sought by the Plaintiff, following the due date for repayment of the copy of the instant complaint, as requested by the Plaintiff. The Defendants are obligated to pay unjust enrichment equivalent to the rent calculated at the rate of 300,000 won per month from June 1, 2016 to the date of delivery of the instant house.
3. For the same reasons as above, the Plaintiff’s claim against the Defendants is accepted in its entirety, and it is so decided as per Disposition.