건물명도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. 1) On November 5, 2015, the Plaintiff is entitled to the instant real estate listed in the separate sheet (hereinafter “instant real estate”).
As to the auction procedure, the sales price was paid in full and the ownership was acquired. 2) The Defendant occupied the instant real estate after delivery from January 31, 2016.
3) Monthly rent of the instant real estate from February 1, 2016 to December 23, 2016 is KRW 875,000. [The fact that there is no dispute over grounds for recognition, the result of the appraiser C’s rent appraisal, the purport of the entire pleadings.]
B. According to the above facts of determination, barring any special circumstance, the Defendant is obligated to deliver the instant real estate owned by the Plaintiff, the owner of the instant real estate, to the Plaintiff, and to pay unjust enrichment equivalent to the rent calculated at the rate of KRW 875,00 per month from January 31, 2016, the Defendant, who is the owner of the instant real estate, from January 31, 2016, to the date of the Plaintiff’s loss
(The plaintiff also claims 460,000 won per month as well as unjust enrichment equivalent to the rent, but there is no proof as to the fact that the management fee of the real estate of this case is 460,000 won per month or that the plaintiff paid it on behalf of the plaintiff, and therefore, this part of the claim is without merit). 2. Judgment as to the defendant's defense
A. The defendant raises a defense as the legitimate lien holder of the real estate of this case.
B. The following circumstances are comprehensively taken into account the statements in Eul evidence Nos. 1 through 11, namely, the defendant entered into a contract to lease the real estate of this case from Earth Co., Ltd., which was the owner on December 24, 2007, and occupied the real estate of this case from January 1, 2008. During the period of possession, the following circumstances are the installation of partitions, the installation of urban gas approval lines, the installation of urban gas heating boiler, the installation of two urban gas heating air conditioners (including the heating works of hot spring), the installation of childcare rooms (including the heating works of hot spring), the installation of water supply and drainage works, and the borrowing of the certified judicial scrivener office.