건물명도(인도)
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff completed the registration of initial ownership on August 17, 2015 with respect to the apartment of the instant subparagraph F, and owned it up to now, and completed the registration of initial ownership on August 17, 2015 with respect to the apartment of the fourth-story apartment of Kimhae-si (hereinafter “instant apartment”). The Plaintiff completed the registration of initial ownership on August 17, 2015, and completed the registration of ownership transfer to E on July 17, 2018.
B. Defendant B transferred into the instant apartment on November 1, 2016, and has been occupied and used until now, and Defendant C occupied and used the apartment on November 23, 2016.
C. In the instant lawsuit for the claim for construction cost regarding the instant apartment units F and D (Seoul District Court 2016Gahap53749, Changwon District Court 2016). According to that, the amount equivalent to the monthly rent for the instant apartment units F from November 1, 2016 to October 31, 2018 possessed by Defendant B is KRW 483,250, and the amount equivalent to the monthly rent for the instant apartment units F.C. from November 23 to November 22, 2018 possessed by Defendant C is KRW 474,000.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, and 7, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, since Defendant B occupied the instant F apartment without title, it is obligated to return the amount equivalent to the rent calculated by the ratio of KRW 483,250 from November 1, 2016 to the date of delivery of the instant F apartment from November 1, 2016 to the date of delivery of the instant F apartment without title. ② Defendant C occupied and occupied the instant apartment without title during the period of possession of the Plaintiff, and thus, occupied and used the instant apartment without title, from November 23, 2016 to July 16, 2018, the amount equivalent to the rent calculated by the ratio of KRW 474,006,00 from November 23, 2016 to the day before the Plaintiff loses its ownership, as sought by the Plaintiff.