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(영문) 울산지방법원 2020.08.19 2019가단126289
건물인도
Text

1. Defendant B:

(a) deliver the real estate listed in the annex 1 list;

(b) 37,770,000 won and this in respect thereof;

Reasons

1. As to Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

(c) Reasons for partial dismissal: 160,238 won (monthly 5,127,600 won ± 32) equivalent to the monthly rent;

2. As to Defendant B and D

A. 1) The Plaintiff acquired ownership by winning a successful bid on November 5, 2019 on the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). Defendant B occupied the entire instant real estate as the former owner of the instant real estate, and Defendant D occupied the portion (a) and 20 square meters in the ship (hereinafter “instant three real estate”) connected each point in the separate sheet No. 1, 2, 3, 4, and 1 among the eight floors of the instant real estate. 2) The instant real estate is an accommodation consisting of 32 guest rooms. From November 5, 2019 to June 30, 2020, the annual actual rent of the instant real estate is KRW 61,532,00,5127,60,60,600,300,60,306,000,000 won per actual rent.

【In the absence of dispute over the basis of recognition, Gap 1 through 4 evidence, the result of the commission of appraisal to the E-U.S. branch office E in Ulsan-do, the purport of the whole pleadings.

B. According to the above facts of recognition, barring any special circumstance, the above Defendants interfere with the Plaintiff’s ownership by occupying the instant real estate owned by the Plaintiff and the instant three real estate, and thereby obtain unjust enrichment equivalent to the monthly rent of the instant real estate and the instant three real estate and inflict damages on the Plaintiff equivalent to the same amount. Thus, Defendant B is obligated to deliver the entire instant real estate and Defendant D are liable to deliver each of the instant three real estate to the Plaintiff, and the Defendants are obligated to pay unjust enrichment equivalent to the monthly rent of the instant real estate and the instant three real estate.

As to this, Defendant B is the former owner of the instant real estate, and Defendant D is the former owner of the instant real estate.

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