건물명도등
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From September 12, 2017, the above-mentioned A
subsection (b).
1. In light of the fact that there is no dispute over the Plaintiff’s claim, the entry of Gap’s evidence No. 1, and the result of the commission of appraisal of rent against Sam Chang Chang Co., Ltd. of this court, ① the Plaintiff completed the registration of ownership transfer on September 12, 2017 on the real estate listed in the separate sheet (hereinafter “instant real estate”) on September 12, 2017 due to the reversion of the trust property as of September 30, 2014, ② the Defendant occupied the instant real estate from June 30, 2014 to August 31, 2018, and ③ the rent for the instant real estate from September 12, 2017 to August 31, 2018 is recognized respectively.
Therefore, barring special circumstances, 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 by the ratio of the monthly rent of KRW 614,00 (the monthly rent of KRW 614,800 after September 1, 2018) calculated from September 12, 2017, on which the Plaintiff acquired the ownership of the instant real estate, to the completion date of delivery of the instant real estate. Moreover, as a result of the appraisal of rent, the monthly rent of KRW 614,80,00, while the Plaintiff sought KRW 614,00,000, the Plaintiff is obligated to pay unjust enrichment.
2. Judgment on the defendant's assertion
A. The gist of the claim is that the Defendant entered into a lease agreement on June 30, 2014 with Nonparty C, the lawful right holder of the instant real estate, and legitimately occupies it.
Therefore, if the Plaintiff, the transferee of the instant real estate, does not refund the lease deposit amount of KRW 80 million, the Plaintiff cannot respond to the Plaintiff’s claim.
B. (1) The Defendant does not specifically assert the grounds on which the Plaintiff is obliged to return the lease deposit to the Defendant.
Therefore, the defendant's assertion is determined as "the plaintiff acquired the status of a lessor in accordance with the Housing Lease Protection Act."
Article 3 (1) of the Housing Lease Protection Act is the delivery of the house by the lessee even if there is no registration.