건물명도
1. Defendant B (Appointed Party D), Defendant C and Defendant C, upon the primary claim changed from the trial;
A. The Plaintiff.
1. Basic facts
A. On August 11, 2011, the Plaintiff completed the registration of ownership transfer for real estate listed in the separate sheet (hereinafter “the instant household”). The Plaintiff completed the registration of ownership transfer for the entire apartment building including the instant household on October 20, 203 as to real estate (hereinafter “instant apartment building”).
B. The Defendants currently occupy the instant household.
C. From August 11, 201 to April 3, 2014, the sum of the rent for the instant household is KRW 32,573,400, and as of the date of closing argument, the rent for the instant household is KRW 1,046,300 per month.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 19, the result of the appraisal of rent by the court of first instance, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the Defendants are obligated to deliver the instant household to the Plaintiff, barring any special circumstances, and jointly and severally, to pay a sum of the rent of KRW 32,573,400 from August 11, 201 to April 3, 2013, which is the date of acquisition of Plaintiff’s ownership, and the rent of KRW 1,046,30 from April 4, 2013 to April 3, 2013, calculated at the rate of KRW 1,046,30 from April 4, 2013 until delivery of the instant household.
3. Judgment on the defendants' assertion
A. Defendant B’s assertion 1) The I apartment reconstruction association, the owner of the instant building, is the owner of the instant building, on May 10, 2003, the E Co., Ltd. (hereinafter “E”).
Under the contract for the new construction of the building of this case, E agreed to pay in kind as part of the construction cost, and E again agreed to pay in kind the interior works of the building of this case to Defendant C as part of the construction cost on June 9, 2004, and Defendant C again agreed to pay in kind the construction cost as part of the construction cost by re-subcontracting the construction work to H on August 10, 2004. In accordance with the said sub-subcontract, H completed the interior works of the building of this case on February 23, 2006 in accordance with the said sub-subcontract contract.