건물명도 등
1. The Defendants are to the Plaintiff:
(a) deliver buildings listed in the annexed real estate list;
(b)co-ordinate 3,400,000;
1. Basic facts
A. On October 25, 2005, the Plaintiff entered into a contract with Defendant C to purchase a building listed in the attached real estate list (hereinafter “instant building”) and received the registration of ownership transfer on January 26, 2006.
B. Defendant C requested Defendant C to use the instant building with the knowledge that the Plaintiff had no plan to use the building as the U.S. citizen, and that the Plaintiff consented to the use of the building on the condition that the building should be returned at any time.
C. In December 2012, the Plaintiff sent an explanation to Defendant C by the end of December, 2012, and the Defendant C refused to comply with the request. Around July 2013, the Plaintiff sent the content-certified mail of the request for surrender to Defendant C, D, and E, and the Defendant C, D, and E filed a lawsuit of the Jeju District Court 2013Kadan16861 and received a favorable judgment.
Although Defendant C, D, and E appealed from the above judgment, the dismissal judgment was pronounced, and the Plaintiff applied for compulsory execution pursuant to the above judgment, Defendant B had occupied the instant building with the remaining Defendants, and the current status of the instant building was different from that stated in the judgment, and compulsory execution was not conducted.
E. The annual rent of KRW 3,179,00 for the instant building in 2013, the annual rent of KRW 3,252,00 for the year 2014, and the annual rent of KRW 3,291,00 for the year 2015.
[Reasons for Recognition] A without dispute, each entry of Gap evidence 1 through 7 (including the number of each one), the appraisal result of appraiser F, the purport of the whole pleadings.
2. According to the above facts of recognition, since the Defendants infringed upon the Plaintiff’s ownership by occupying, using, and benefiting from the instant building, the Defendants delivered the instant building to the Plaintiff, and as a result, the Plaintiff sought an amount below the rent of the instant building from January 1, 2013 to May 31, 2014, from January 1, 2013 to May 31, 2014, the possession and use right of 3.4 million won as to the instant building and June 1, 2014.