손해배상(기)
1. The defendant shall pay 106,177,000 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Facts of recognition;
A. Each real estate listed in the separate sheet (hereinafter “instant building”) was owned by Dong-dong Co., Ltd., and the procedure for compulsory auction of real estate was completed by the decision to commence compulsory auction of real estate B (the entry registration of the decision to commence auction was completed on July 24, 2014) on July 23, 2014, and the Plaintiff acquired the ownership of the instant building due to the sale by compulsory auction on January 19, 2016, and completed the registration of ownership transfer in the name of the Plaintiff on the 22th of the same month.
B. The Defendant asserted that Dong Co., Ltd. has a claim for the construction cost of KRW 2.42 million, and from November 2014, the Defendant obstructed access to and use of the instant building by installing container stuffs at the vicinity of the entrance of the instant building site, and installing fences and chains around the entrance.
C. Upon the Plaintiff’s filing a claim for delivery of the instant building, the Defendant asserted that he had the right to possess as the lien holder with respect to the instant building, but on July 24, 2014, there was insufficient evidence to prove that the Defendant had commenced possession of the instant building prior to the completion of the registration of the commencement of auction on the instant building, and thus, the Defendant’s assertion that the Defendant was a legitimate lien holder was dismissed. The Defendant was sentenced to a ruling to deliver the instant building to the Plaintiff, and the
[Judgment 2016Gahap35 decided May 31, 2017, Busan High Court (Capwon) 2017Na21384 decided November 23, 2017] D.
From January 22, 2016 to December 26, 2017, the amount equivalent to the rent accrued from the use and profit-making of the instant building is KRW 106,17,00.
E. On January 9, 2018, the Defendant discontinued the act of obstructing access to and use of the instant building and delivered the said building to the Plaintiff.
[Ground for Recognition] Unsatisfy, Gap evidence Nos. 1- 3 (including each number if there is a tentative number), and the appraiser C of this court.