건물명도 등
1. The Plaintiff:
(a) Defendant A and B deliver the real estate listed in the separate sheet;
B. The Defendants respectively (1) 2,664.
1. Determination as to the cause of claim
A. 1) On August 1, 2012, the Plaintiff is entitled to the instant apartment on August 1, 2012 (hereinafter “instant apartment”).
(2) Defendant C had Defendant A and B move into the apartment of this case from June 8, 2013, and Defendant A and B use and benefit from the apartment of this case from around that time.
3) From June 8, 2013 to December 17, 2013, the total rent of the instant apartment is KRW 2,664,980, and the monthly rent is KRW 420,000 per month as at December 17, 2013. [Grounds for recognition] There is no dispute, Party A 1, and Party 4 (each entry including the serial number, the result of the court’s entrustment of rent appraisal, the purport of the entire pleadings.
B. According to the above facts, Defendant C is an indirect possessor, and Defendant A and B are occupying and using the apartment of this case as a direct possessor. As such, Defendant A and B are obligated to deliver the apartment of this case, and the Defendants are obligated to pay the amount of unjust enrichment equivalent to the rent due to the possession and use of the apartment of this case. 2) Furthermore, in respect of the scope of unjust enrichment, health expenses are about the scope of unjust enrichment, and in ordinary cases, the amount of profit due to the possession and use of the real estate is the amount of rent where the real estate is used in accordance with its original usage. As from June 8, 2013 to December 17, 2013, the sum equivalent to the rent of the apartment of this case is 2,64,980, the amount equivalent to the rent of the apartment of this case as of December 17, 2013 near the date of closing the argument of this case, and the amount is confirmed as above.
3. Therefore, the Defendants’ respective Plaintiff at the rate of KRW 2,64,980, which is the amount equivalent to the rent, from June 8, 2013 to December 17, 2013, and the rate of KRW 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 1, 2014 to the date of full payment, as sought by the Plaintiff.