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(영문) 인천지방법원부천지원 2014.09.24 2014가단6024
건물퇴거 등
Text

1. The Defendants are to the Plaintiff:

(a) order the buildings listed in the annex sheet;

(b) Joint and several 6,868,270 won and October 2013.

Reasons

1. In full view of the purport of the entire pleadings as to the evidence Nos. 1 through 5 and 7 as to the cause of the claim, the Plaintiff’s building indicated in the separate sheet Nos. 1 through 7 (hereinafter “instant building”) on October 11, 2013, as a whole, the same month.

1. The fact that the registration of ownership transfer was completed due to sale, and the Defendants did not pay the management expenses from October 2010 to December 2013 as they did not possess and use the building of this case, thereby recognizing the fact that the unpaid management expenses for up to December 2013 are 6,868,270 won, and that the management expenses for KRW 176,100 are incurred each month thereafter.

According to the above facts, barring any special circumstance, the Defendants are obligated to order the Plaintiff, the owner of the instant building. The Defendants are obligated to pay management expenses calculated at the rate of KRW 6,868,270 for the unpaid management expenses up to December 2013 and the management expenses calculated at the rate of KRW 176,100 for each month from the date of ordering the instant building to the time of ordering its possession and use of the instant building. Furthermore, the Defendants are obligated to return the gains by occupying and using the instant building. The amount of unjust enrichment to be returned by the Defendants is the monthly rent. The amount of unjust enrichment to be returned by the Defendants is the monthly rent. According to the appraisal of the Nafriendly Appraisal Office, the monthly rent for the instant building may be recognized as 700,000 if there is no deposit for rent for the instant building. The Defendants are obligated to return unjust enrichment equivalent to the monthly rent calculated at the rate of KRW 700,000 from October 11, 2013.

2. The Defendants’ assertion against the Defendants: (a) Defendant B agreed with E-building Association (hereinafter “Association”) which is a representative director of D Co., Ltd. (hereinafter “D”) that constructed the instant building as a joint business proprietor, and Defendant C purchased the instant building from the Association; and (b) Defendant C purchased the instant building from the Association; (c) the instant building is deemed as the ownership of Defendant C; and (d) there is a legitimate title to possess it. However, this is acceptable.

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