건물명도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Plaintiff is the owner who completed the registration of ownership transfer as of July 16, 2015, the main district court of Chuncheon as to the building listed in the attached list (hereinafter “instant building”).
B. The Defendant is operating “C” while occupying the instant building.
C. The Plaintiff did not conclude any contract with the Defendant, including the right to occupy the instant building, including a lease agreement, and did not succeed to the status of the lessor of the National Federation of Fisheries Cooperatives (hereinafter “NFC”) as the former owner of the instant building.
Therefore, even though the defendant does not have any authority to occupy the building of this case, he occupies the building of this case without permission.
E. Accordingly, from July 16, 2015, the Plaintiff sought payment of unjust enrichment calculated by the ratio of KRW 1,500,000 per month from the delivery of the instant building and the date when the Plaintiff acquired ownership of the instant building to the date when delivery of the instant building is completed or the Plaintiff loses ownership.
2. Determination
A. 1) Determination as to the claim for delivery of the instant building 1) The Plaintiff is the owner who completed the registration of ownership transfer as to the instant building on July 16, 2015 by the main district court of Chuncheon as the main district court’s decision-making on July 16, 2015, and the Defendant’s possession of the instant building and management of “C” can be acknowledged by taking into account either dispute between the parties or the overall purport of pleading as to the statement in the evidence No. 1. 1. Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff. 2) The Defendant succeeded to the lease contract concluded between NFFC and the Defendant when the Plaintiff purchased the instant building, and thus, the Defendant has the right to occupy the instant building as a lessee.