건물인도(명도) 등
1. The Defendants jointly pay KRW 10,915,962 to the Plaintiff (Appointed Party) and their payment from December 12, 2015.
1. Facts of recognition;
A. The real estate indicated in the separate sheet (hereinafter “instant real estate”) is part of the “G canal wells” (hereinafter “G canal wells”) comprised of 8-dong Filwon (from AB to AB-dong) 114 households in Namyang-si, Namyang-si, and the Plaintiff is the owner of the building, and the registration of ownership preservation was completed on February 26, 2009 by the Plaintiff’s future, and on February 21, 2012, E ownership transfer registration was completed in sequence.
B. Defendant B occupies the instant real estate from November 2008, and Defendant C’s spouse and Defendant D, as the children of Defendant B, are currently living in the instant real estate along with Defendant B.
C. The rent from June 1, 2010 to February 20, 2012, which belongs to the same Dong (non-Dong) as the instant real estate and belongs to the same number of floors and the same area as that of the instant real estate, is KRW 8,642,00,00, and the monthly rent from February 21, 2012 to January 6, 2014 is KRW 469,00.
【Ground of recognition】 The fact that there is no dispute, Gap evidence 1-1, and Gap evidence 3, the purport of the whole pleadings (the judgment of Jung-gu District Court 2013Da36309)
2. According to the above fact-finding, the real estate in this case was owned by the Plaintiff, and became owned by the Appointer E from February 21, 2012, and from December 1, 2009 (the time when the Plaintiff claims unjust enrichment equivalent to rent) the Defendants possessed from November 2008, there is no dispute between the parties, and the Defendants asserted that the Defendant B occupied the real estate in this case with his family members by exercising the right of retention. As seen thereafter, the Defendants asserted that the Defendant B occupied the real estate in this case with the right of retention, and as a ground for the interruption of the extinctive prescription period of the claim for construction payment, presented evidence that the Defendant B received a written notice of performance from the representative director of H on June 11, 2009 (Evidence 2-1).
Until now, the instant real estate is jointly occupied.