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(영문) 서울중앙지방법원 2017.01.12 2015가단5021212

건물명도

Text

1. At the same time, the Defendant received KRW 48,345,206 from the Plaintiffs, and at the same time, entered the separate list to the Plaintiffs.

Reasons

1. The facts subsequent to the facts are without dispute between the parties, or may be recognized by taking into account the statements in Gap evidence 1, Eul evidence 2, and 6 (including paper numbers), the fact inquiry results with respect to the Gwanak-gu Office in Gwanak-gu in this Court, and the overall purport of the pleadings.

The plaintiffs are co-owners of the above apartment that acquired 1/2 shares of each of the above apartment after receiving a successful bid for real estate listed in the attached list (hereinafter “the apartment of this case”) owned by F in the Seoul Central District Court E Voluntary Auction Case, and paid in full the sale price on January 6, 2015.

On the other hand, in the above case of voluntary auction, the right to collateral security which ceases to exist due to the sale of the above apartment was the right to collateral security of the Bank of Korea established on October 26, 2010.

B. On August 30, 2010, the Defendant occupied the instant apartment, and filed a move-in report with the instant apartment on August 30, 2010, and F, on August 20, 2010, and the same year.

8. 31. 54,000,000 won, and 40,000 won on August 2, 2013 were remitted.

In addition, on June 9, 2014, the defendant completed the registration of the lease deposit of KRW 100,000,000 for the apartment of this case, and KRW 500,000 for the monthly rent.

2. The assertion and judgment

A. The primary argument by the plaintiffs is the most tenant of the defendant, and even if it is not so, it is not the main purpose of the use and profit-making of the apartment of this case, but the lease contract was concluded for the main purpose of recovery of the claim, and it is not the tenant with opposing power under the Housing Lease Protection Act, and it is not the right of

Therefore, the defendant delivers the above apartment to the plaintiffs who are co-owners of the apartment of this case, and the plaintiffs acquire the ownership of the above apartment from January 6, 2015 to March 31, 2016, the unjust enrichment of KRW 13,864,00 and the following day of the above period, from April 1, 2016 to the completion of possession and use of the above apartment, shall be the ratio of KRW 97,50, the unjust enrichment of the rent to KRW 997,50.