건물인도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Facts of recognition
The plaintiff is a person who purchased a building listed in the attached Form in the Incheon District Court C Voluntary Auction and paid the sale price on September 12, 2014 and completed the registration of ownership transfer.
Before the registration of transfer of ownership in the name of the Plaintiff was made, the Defendant had been operating the banner manufacturing business in the name of “F” from among the sections 1, 2, 3, 4, 5, 6, and 1 in the attached Form No. 1, 2, 4, 6, and 1 of the building listed in the attached Form (hereinafter “instant building”).
[Ground of recognition] Facts without dispute, Gap evidence 1-1, the result of the request for surveying and appraisal to the Korea Land Information Corporation by the court of first instance for the appraisal and appraisal of the Korean Land Information Corporation, the defendant possessing the dispute part of this case's whole purport of the argument is obligated to deliver the dispute part of this case to the plaintiff who is the owner, and return the unjust enrichment equivalent to the rent from the time the plaintiff acquired ownership to the day of completion of the above delivery.
Furthermore, according to the results of a request for appraisal of rent to a uniform appraisal corporation by the court of first instance, the fact that the Plaintiff acquired ownership as of September 12, 2014 is the difference between the part of the instant dispute and the subsequent rent is confirmed as the same amount.
Therefore, the Defendant’s amount to be returned to the Plaintiff as unjust enrichment is 11,250,000 won (=25 months x 450,000 won) equivalent to the rent from September 12, 2014 to October 11, 2016 and the amount calculated at the rate of KRW 450,000 per month from October 12, 2016 to the date the delivery of the dispute portion of this case is completed.
Therefore, the defendant is obligated to deliver the part of the dispute of this case to the plaintiff and pay the money calculated by the ratio of KRW 450,000 per month from October 12, 2016 to the completion date of delivery of the part of the dispute of this case.
The defendant's assertion on the defendant's defense, etc. is about 198.