건물명도 등
The Defendant shall deliver to the Plaintiff the 59.4 square meters of reinforced concrete structure 59.4 square meters in Jeonbuk-gun, Jeonbuk-gun, C apartment 10 square meters.
The defendant.
Facts of recognition
Plaintiff
On November 11, 2009, the Company acquired the ownership of the apartment as stated in the order (hereinafter “instant apartment”) due to the sale by voluntary auction, and transferred the ownership of the said apartment to E (hereinafter “E”) due to the same day.
Since then, the details of the change of ownership of the apartment of this case are as follows.
(A. 1. - The transfer of ownership to the Plaintiff Company on May 6, 2010 - the transfer of ownership to E on May 7, 2010 - the transfer of ownership to the Plaintiff Company on May 26, 2010 - the transfer of ownership to E on June 8, 2010 - the transfer of ownership to the Plaintiff Company on June 26, 2013 (the same until now) the Defendant occupies and uses the instant apartment before the Plaintiff Company first acquires the ownership of the instant apartment.
According to the above facts, the defendant is obligated to deliver the apartment of this case to the plaintiff, and the defendant is obligated to pay 26,549,981 won, which was finalized from July 20, 2018 to July 20, 2018 according to the following calculation, and 5% per annum prescribed by the Civil Act from December 1, 2018 to April 19, 2019, which is the date this judgment is issued, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. The defendant is obligated to pay the amount calculated at the rate of 450,000 won per month from July 21, 2018 to the date when delivery of the apartment of this case is completed.
(Calculation of Amount of Final Gains) If a real estate trust is made, the ownership of the trust property belongs to the trustee, and the right to claim return of unjust enrichment arising from the possession and use by a third party belongs to the trustee (see Supreme Court Decision 93Da62119, Oct. 14, 1994). Considering the above, the amount of claim for return of unjust enrichment recognized by the Plaintiff Company until July 20, 2018, which the Plaintiff Company seeks, is KRW 26,549,981 as follows.
The period of the commencement of the proceedings.