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(영문) 울산지방법원 2015.09.16 2014가단30284

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,316,632 to the Plaintiff (Counterclaim Defendant) and its related amount from July 2, 2015 to September 16, 2015.

Reasons

1. Basic facts

A. C received a decision of permission for sale in the F sale procedure at the F sale procedure at the Ulsan District Court for the Eelel located in Ulsan-gun, Ulsan-gun (hereinafter “the instant Eel”). On November 1, 2006, C paid the sale price.

B. On February 28, 2007, Defendant and his wife G completed the move-in report at the domicile of the mother of this case, and thereafter, Defendant and his wife occupied and used the mother of this case and operated the accommodation business from that time.

C. On May 16, 2014, the Plaintiff obtained the ownership of the instant telecom by smelling the sales price after obtaining a decision to permit the sale of the instant telecom with the Ulsan District Court H compulsory auction procedure for the instant telecom.

Defendant and G continuously occupied and used approximately 9 square meters (30 square meters; hereinafter the same shall apply) of the part of the instant Maurel on May 16, 2014, even after the Plaintiff acquired the ownership of the instant Maurel.

On May 28, 2014, the Plaintiff filed an application against G for an order to deliver real estate to the instant maternity, and the Ulsan District Court issued an order to deliver real estate citing the application on July 25, 2014.

The Plaintiff executed the above real estate delivery order with Ulsan District Court 2015No. 14 and 2015No. 980, and paid KRW 3,402,00 (Ulsan District Court 2015No. 14, 109,500) at its execution cost.

On June 10, 2014, the Plaintiff filed an application against the Defendant for an order to deliver real estate to the instant her mother, and the Ulsan District Court issued a J real estate delivery order citing the order on July 28, 2014. Although the Defendant filed an appeal, the Ulsan District Court dismissed the application on May 7, 2015.

On May 17, 2015, the Defendant removed from the inner room of this case.

On May 19, 2015, the Plaintiff executed the order to deliver the said real estate as the head of 2015 main text1643.

E. From May 16, 2014 to May 15, 2015, the rent of the instant Moel is KRW 73,059,720 (monthly 6,088,310 x 12 months). Of them, the rent of the instant interior room is KRW 6,316,632 (monthly 526,386 x 12 months).

[Reasons for Recognition] There is no dispute.