건물명도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s building indicated in the attached list of the Plaintiff’s assertion is a unregistered building (hereinafter “instant building”) and the Plaintiff completed the registration of transfer of ownership as to each of the instant land on November 18, 2016, when the Plaintiff was determined to be the purchaser in the compulsory auction procedure conducted to support the Gwangju District Court as to the Jeonnam-gun, Jeonnam-gun, Daejeon-gun, 245 square meters and D 152 square meters (hereinafter “each of the instant land”).
At the time when the Plaintiff completed the registration of ownership transfer with respect to each of the instant lands, the instant building was owned and resided by F. However, around July 2017, the Plaintiff acquired ownership by acquiring the instant building free of charge from F, and had F continue to reside in the instant building without compensation.
After that, F died, and the defendant is F's heir.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, as well as to return the money calculated by the ratio of KRW 500,000 per month from October 25, 2016 to the completion date of delivery of the instant building as unjust enrichment.
2. On the premise that the Plaintiff is the owner of the instant building, the Plaintiff sought a return of unjust enrichment from the delivery of the instant building and the possession and use thereof against the Defendant.
However, Article 186 of the Korean Civil Code provides that the acquisition, loss, and change of real right by a juristic act on real property takes effect by registering the acquisition, loss, and change of real right on real property. Since the plaintiff's assertion itself does not complete the registration of ownership transfer on the building in this case, the plaintiff's assertion itself does not complete the registration of ownership transfer on the building in this case, even the building in unregistered condition shall be transferred to the transferee by the law,
The argument that the Plaintiff is the owner of the building of this case is added to the remainder.