건물명도
1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. On February 25, 201, the Plaintiff’s summary of the Plaintiff’s assertion purchased at KRW 30 million from C, where the actual owner was at the time of the purchase of the 75.6 square meters of the (i) section of reinforced concrete structure slive roof underground warehouse (hereinafter “instant warehouse”) among the buildings listed in the attached Table 1 List (hereinafter “instant building”) connected each point of Annex 1, 2, 3, 4, and 1, among the buildings listed in the attached Table 1 List (hereinafter “instant building”), and received delivery around that time.
However, around October 11, 2012, the Defendant acquired the ownership of the instant building by purchasing the instant building in the Busan District Court D Voluntary Auction Procedure and paying the sale price on November 29, 2012, and thereafter acquires the ownership of the instant building. Since the Defendant occupies the instant warehouse that is not included in the subject matter of sale of the said auction procedure, the Defendant is obligated to return to the Plaintiff the acquisition cost of the instant warehouse KRW 30 million as unjust enrichment.
2. The evidence presented by the Plaintiff alone, as alleged by the Plaintiff, paid KRW 30 million to C as the purchase price of the warehouse of this case.
It is insufficient to recognize that the defendant obtained the benefit of the plaintiff's assertion without any legal ground and thereby caused damage to the plaintiff, and there is no other evidence to acknowledge it otherwise.
The plaintiff's above assertion is without merit.
3. The plaintiff's claim that was changed in exchange in the conclusion court is dismissed for reasons that are not reasonable.