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(영문) 창원지방법원밀양지원 2017.09.13 2016가단2231

건물명도

Text

1. The defendant shall be the plaintiff.

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

B. From August 12, 2016, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On October 14, 2003, C completed the provisional registration of the right to claim ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), and on September 7, 2007, C completed the registration of transfer of the said provisional registration to the industry.

B. On September 20, 2007, the State industry completed the registration of ownership transfer on the basis of the above provisional registration. However, on May 15, 2015, the Plaintiff cancelled the registration of ownership transfer by subrogation in accordance with the final judgment of Busan High Court (original High Court) 2010Na623.

C. On May 15, 2015, the Plaintiff completed the registration of ownership transfer for the instant real estate on April 21, 2015.

On the other hand, on October 2, 2008, the Defendant leased the instant real estate from the Jeju Industries to the present date and resided therein, and the rent from May 16, 2015 to March 15, 2017 is KRW 267,750 per month.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 4, Eul Nos. 1 through 5, and the result of entrustment of appraiser D by this court, the purport of the whole pleadings

2. According to the facts of recognition prior to the determination on the cause of the claim, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, and to pay unjust enrichment equivalent to the rent calculated at the rate of KRW 267,750 per month from August 12, 2016 to the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff, as the date the Plaintiff acquired the ownership of the instant real estate.

3. The defendant's argument regarding the defendant's assertion has a legitimate right to possess the above real estate by leasing the real estate from the main industry of the limited company, and even if there is a duty to deliver the real estate in this case and return unjust enrichment, it is in the simultaneous performance relationship with the plaintiff's duty to return the lease deposit.