토지인도 등
1. Of the instant lawsuit, the part concerning the claim for restitution of future unjust enrichment, sought from October 1, 2017, shall be dismissed.
2. The defendants are the defendants.
1. Basic facts
A. The Plaintiff’s final and conclusive judgment in favor of the Defendants and (1) the registration of ownership transfer (hereinafter “each of the instant lands”) filed a lawsuit against the Defendants and their co-owners for the claim for the registration of ownership transfer on the ground of the termination of mutual title trust (hereinafter “instant prior suit”), and rendered a favorable judgment against the Defendants, which became final and conclusive on March 31, 2015 with respect to Defendant C, and on March 10, 2015 with respect to Defendant B.
(2) On September 1, 2015, the Plaintiff, among co-owners of each of the instant lands, including the Defendants, completed the registration of ownership transfer with respect to the relevant shares by right holders of each of the instant lands.
B. Since the Defendants occupied each of the instant land on May 201, the Defendants occupied each of the instant land after they occupied each of the instant land by spreading the land in the middle and middle order, the Defendants occupied each of the instant land.
C. As a result of the assessment of rent, the sum of rent for each of the instant land from September 1, 2015 to August 31, 2016 is KRW 17,063,00.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. On October 1, 2017, among the instant lawsuit, whether the Defendants’ claim for unjust enrichment equivalent to the rent is lawful or not from October 1, 2017 to the delivery date of each of the instant land.
In order to render a judgment ordering future performance, not only the time the performance period of the obligation comes in the future, but also the time the cause of nonperformance remains until such time shall be determined definitely at the time of the closing of pleadings, and if such period of obligation is uncertain and it is impossible to be determined definitely at the time of closing of pleadings, a judgment ordering future performance may not be rendered
(See Supreme Court Decision 2000Da37517 delivered on June 14, 2002, see Supreme Court Decision 2000Da37517 delivered on June 14, 200).