건물명도(인도)
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) from June 10, 2015, entry in the separate sheet.
1. Determination as to the cause of claim
A. Comprehensively taking account of the purport of the entire pleadings in evidence Nos. 1 through 5 cited by the Plaintiff, it is recognized that the Plaintiff acquired the ownership of the instant real estate on September 12, 2014; the Defendant occupied and used the instant real estate without the Plaintiff’s consent from June 10, 2015 to June; and the amount equivalent to the rent for the instant real estate from June 10, 2015 to June, 470,000 won per month (the minimum amount recognized as a result of inquiry by the Ministry of Land, Infrastructure and Transport) is recognized.
According to the above facts, the Defendant, as the possessor, is obligated to deliver the instant real estate to the Plaintiff as the owner, and to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 470,000 per month from June 10, 2015 to the delivery date of the instant real estate.
B. As to the dismissed portion, the Plaintiff filed a claim for unjust enrichment equivalent to the amount of rent from June 1, 2015, and for unjust enrichment equivalent to the amount of rent calculated at the rate of KRW 53,333 per month.
However, the submitted evidence alone is insufficient to recognize that the Defendant occupied or used the instant real estate even from June 1, 2015 to June 9, 2015, and there is no other evidence to prove otherwise.
In addition, the submitted evidence alone is insufficient to recognize that the amount equivalent to the rent for the instant real estate exceeds 470,000 won per month and reaches 553,333 won per month, and there is no other evidence to acknowledge it.
Therefore, this part of the plaintiff's assertion is without merit.
2. Judgment on the defendant's defense
A. The Defendant asserted that the instant real estate was handed over from B on June 10, 2015, and occupied and used the instant real estate.
On September 2016, the Plaintiff agreed to pay KRW 7,00,000 to the Defendant on the condition that the instant real estate is delivered by the Defendant.
Therefore, the defendant cannot respond to the plaintiff's claim before receiving the above KRW 7,00,000 from the plaintiff.
B. We examine the judgment.