건물명도(인도)
1. The Defendants jointly pay to the Plaintiff KRW 76,760,258 and the interest rate thereon from June 18, 2019 to the date of full payment.
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) newly built 15 households (hereinafter “instant loan”) of Seocho-gu Seoul Metropolitan Government E Ground F Building (hereinafter “instant building”) including buildings listed in the attached list (hereinafter “instant building”) and completed the registration of initial ownership on May 21, 2008, and completed the registration of initial ownership transfer on the same day to the Plaintiff (G Co., Ltd.) on the same day.
B. The Defendants, without any title, occupied and used the instant building from December 21, 2016 without any title, left the instant building on January 5, 2019.
C. The rent for the instant building is KRW 74,928,000 in total from December 21, 2016 to December 20, 2018 (monthly rent of KRW 3,122,00), and the rent for December from December 21, 2018 to January 2019 is KRW 3,50,000 in total.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, result of appraiser H's appraisal of rent, purport of whole pleadings
2. The assertion and judgment
A. According to the facts of determination as to the Plaintiff’s cause of claim, the Defendants jointly occupied and used the instant building owned by the Plaintiff without any title from December 21, 2016 to January 5, 2019. As such, the Defendants jointly owned and used the instant building from December 21, 2016 to January 5, 2019, and the Defendants are jointly obligated to pay to the Plaintiff the Plaintiff a copy of the claim and delay damages at the rate of KRW 1,832,258 (from December 21, 2016 to December 20, 2018) as to the Plaintiff’s claim amounting to 76,760,258, [the Defendants] [the Plaintiff [the amounting to 74,928,00 won (the rent from December 21, 201 to December 20, 2018 to January 5, 2016] as well as the Plaintiff’s claim for restitution from 2018.
B. Determination of the Defendants’ assertion (1) The Defendants, upon the introduction of I, were assigned the lien and the secured claim of the above building from K and L, the lien holder of the instant loan J, K and L, the lien holder of the instant loan, and with the consent of I.