건물명도등
1. The Defendants jointly do so to the Plaintiff:
(a) deliver each real estate listed in the separate sheet;
B. From June 29, 2017
1. Basic facts
A. On June 29, 2017, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).
B. The Defendants have been occupying and using the instant real estate while operating a golf range with the trade name “D” in the instant real estate from that date to that date.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 3 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendants jointly have a duty to deliver the real estate of this case to the plaintiff and return unjust enrichment from the possession and use of the real estate of this case.
As to the amount of unjust enrichment, the amount of profit from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent of the real estate. In full view of the purport of the entire pleadings and arguments as a result of the commission of appraisal by the future appraisal corporation of this court, the fact that the amount of profit from the possession and use of the real estate in ordinary cases is 943,180 won per month from June 29, 2017 to January 10, 2018 (=471,590 won per annum 471,590 won per annum 309) can be recognized, and the subsequent rent is confirmed to be the same amount.
Therefore, the Defendants jointly have a duty to pay to the Plaintiff the amount calculated at the rate of KRW 943,180 per month until the first day of the date when the Plaintiff lost its ownership in the instant real estate from June 29, 2017 or the Defendants completed the delivery of the instant real estate (the Plaintiff’s claim, which was stipulated as the termination date of the return of unjust enrichment by the date of the delivery of the instant real estate, is not accepted).
3. Judgment on the defendants' assertion
A. The Defendants are entitled to possess the instant real estate under a lease agreement concluded with E, the former owner of the instant real estate, and both the transfer of the instant real estate and the registration of business.