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(영문) 부산지방법원 2014.02.20 2013가단13425
건물인도 등
Text

1. The Defendants deliver to the Plaintiff the building indicated in the attached list, and from November 29, 2012 to the completion date of delivery of the building.

Reasons

1. Determination as to the cause of claim

A. In the case of D's auction of real estate in Busan District Court, the Plaintiff purchased the buildings listed in the [Attachment] list (201) from among the Busan Dong-gu E and F's ground GGra and paid the purchase price, and completed the registration of ownership transfer on November 29, 2012. The Defendants were transferred to Nonparty H’s wife and the construction cost obligee who purchased repair works for the building, and who claimed the lien holder, from June 23, 201, and occupied and used the building from around September 23, 201, and the monthly rent for which no deposit was paid for the building was assessed to the extent of KRW 375,000 on September 30, 201 does not conflict between the respective parties, or can be recognized by the statement under subparagraph 5, and there is no counter-proof evidence.

B. According to the above facts of recognition, barring any special circumstance, such as the source of possessory right, the Defendants, as illegal occupant, deliver the above building to the Plaintiff, and there is no dispute over the amount of KRW 375,000 per month from November 29, 2012 until the completion date of delivery of the building.

It is obligated to return unjust enrichment equivalent to the rent calculated by the proportion of the rents.

2. Determination as to the defendants' defense

A. The Defendants: (a) under the circumstance that the above GJD (hereinafter “instant building”) did not obtain approval for the use due to the non-construction or defects, the auction procedure was in progress with the Busan District Court I Real Estate case; (b) Nonparty J purchased it from the auction procedure and completed the registration of ownership transfer on October 1, 2010; (c) immediately after the purchase, J concluded a construction contract for the remaining construction and completion of the instant building; (d) H concluded the construction contract with H for the construction of the instant building; and (e) H did not receive the construction payment but did not receive the construction payment under the said contract, the Defendants occupied and detained the building as stated in the attached list among the instant building from mid-2, 2010 to Jun. 23, 2011.

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