건물명도(인도)
1. The defendant's appeal is dismissed.
2. Upon the claim added by this court, the defendant on May 8, 2017 to the plaintiff.
1. The reasoning for this part of the judgment of the court as to the cause of the claim is as stated in the relevant part of the judgment of the court of first instance (from No. 2, No. 13 to No. 45), except for dismissal or addition of part of the judgment of the court of first instance as follows. Thus, this part of the judgment is cited by the main sentence of Article 420 of the Civil Procedure Act.
The “statement” in Part 15 of the second place shall be added to the “statement” and the “appraisal” shall be added to the “appraisal of the first instance trial.”
The “monthly” shall be added in front of the “rent 4,” in Part 3, while the third and fifth “recognized” shall be deemed to read as “the rent shall be deemed to be KRW 7,720,000 on and after October 12, 2017.”
The third-class 16 to 4 pages 5 shall be as follows:
“2) In addition, the owner of the real estate who has been illegally occupied may seek compensation for damages equivalent to the rent from the illegal occupant (see, e.g., Supreme Court Decision 2000Da57375, Dec. 6, 2002). As such, the Defendant did not use or benefit from each of the instant real estate after May 8, 2017.
Even if it is illegally occupied without a legitimate title, it is liable to compensate for the damages equivalent to the rent that the plaintiff suffered from the illegal possession.
Therefore, the defendant is obligated to pay the plaintiff the amount of damages calculated at the rate of KRW 7,720,00 per month from May 8, 2017 to the completion of delivery of each real estate of this case.
A person shall be appointed.
2. Judgment on the defendant's defense
A. On October 23, 2013, the Defendant entered into a construction contract with F to set the construction cost of KRW 360,000,000 for each of the instant real estate as a separate value-added tax (value-added tax). Accordingly, the Defendant repair the defects of the building listed in the attached Table No. 3 (hereinafter “instant building”) and then renewed the wall, fireproof team, warehouse part, etc.