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(영문) 의정부지방법원 2016.10.25 2015가단44229

토지인도 등

Text

1. The defendant

(a) deliver each real estate listed in the separate sheet;

(b) An annexed list from September 30, 2015.

Reasons

1. Facts of recognition;

A. On December 14, 2009, C completed the registration of ownership transfer to Asian Trust Co., Ltd. on the ground of the trust on December 14, 2009, as to the land listed in paragraph (1) of the attached Table Nos. 1 (hereinafter “instant land”) and the building listed in paragraph (2) of the same Table (hereinafter “instant building”; and on the ground of the ownership transfer transfer registration for the instant land and building on December 14, 2009, due to the ownership of the trust property as of December 14, 2009.

B. On September 4, 2014, upon the application of the Korea Deposit Insurance Corporation in bankruptcy of the Korea Deposit Insurance Corporation of the Korea Federation, the bankrupt Co., Ltd. (hereinafter “Korea Deposit Insurance Corporation”) rendered a decision to commence the sale of real estate as D with the

(hereinafter “instant auction procedure”). C.

In the instant auction procedure, the Plaintiff purchased each of the instant real estate and completed the registration of ownership transfer on September 30, 2015 for each of the instant real estate on September 30, 2015.

From September 30, 2015 to September 29, 2016, the monthly rent of each real estate in this case is KRW 1,210,000, and thereafter the rent is ratified as the same amount.

E. From September 2015, the Defendant occupied each of the instant real estate from around September 2015 to the present.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), the result of the commission of appraisal to E Appraisal Offices by this court, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver each of the instant real estate to the plaintiff, the owner of each of the instant real estate, unless there are special circumstances.

In addition, the Defendant is obligated to pay to the Plaintiff the amount of money calculated at the rate of KRW 1,210,000 per month from September 30, 2015 to the completion date of delivery of each of the instant real estate, as sought by the Plaintiff as unjust enrichment equivalent to the rent from possession of each of the instant real estate.

Defendant.