가옥명도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In full view of the purport of the entire pleadings in Gap evidence No. 12 regarding the cause of the claim, the plaintiff’s completion of the registration of ownership transfer on December 2, 2014 regarding the real estate stated in the purport of the entire pleadings (hereinafter “instant real estate”), and the defendant’s domicile in the instant real estate can be acknowledged.
According to the above facts, the defendant is judged to have obtained a profit equivalent to the rent by occupying and using the real estate of this case and thereby, caused the loss to the plaintiff who is the owner. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the amount of unjust enrichment equivalent to the rent, barring special circumstances.
2. The defendant's assertion asserts that the defendant has the right to occupy the real estate of this case as the buyer of the real estate of this case.
Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 10, Eul, E, F, G, H, and deceased I (hereinafter "sellers") concluded a sales contract with the J on January 30, 2012, to pay KRW 1.665 billion to the seller of the above land as the remainder of KRW 50 million on February 2, 2012, and to pay KRW 1.615 billion to the seller of the above land by July 15, 2012, and the Defendant concluded a new construction contract with the owner of the above land under a special contract with the seller on February 15, 2012, which newly constructed a building in the name of the seller and paid the remainder of KRW 1.65 billion to the seller of the above multi-family housing, and the Defendant concluded a sales contract with the seller on behalf of the buyer on February 31, 2012, which included the remainder of the construction of the above multi-family housing in the name of the seller on February 15, 201201.