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(영문) 서울중앙지방법원 2014.06.25 2013가단5078450
건물명도
Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. The Defendants are individually 35,184,474 won.

Reasons

1. Basic facts

A. On November 17, 2010, the Plaintiff concluded a real estate security trust agreement with respect to the building with the fourth underground floor and the apartment-type factory on the ground 20th floor (hereinafter “instant building”) located in Seongbuk-gu, Sungnam-gu, the other party of the Sungnam-gu, including the real estate listed in the attached list (hereinafter “instant real estate”) and the real estate listed in the attached list (hereinafter “instant real estate”), and completed the registration of ownership transfer in the future of the Plaintiff on November 25, 2011.

B. The Defendants occupy the instant real estate before November 25, 2010.

[Based on the recognition, there is no dispute over the judgment of confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act), Defendant Digital T&C Co., Ltd. (hereinafter “Defendant Digital T&C”), the evidence No. 1, and the purport of the entire pleadings as to Defendant New T&C

2. Determination as to the cause of claim

A. According to the facts acknowledged as above, the Defendants, the possessor of the instant real estate, are obligated to deliver the said real estate to the Plaintiff, the owner, unless there are special circumstances.

B. In addition, the Defendants should return unjust enrichment equivalent to the rent gained by occupying and using the instant real estate to the Plaintiff.

Furthermore, according to the results of the court’s appraisal on the scope of unjust enrichment, it is recognized that the rent for the instant real estate from November 25, 2010 to November 24, 2013 was 35,184,474 in total, and that the rent for the rent from November 25, 2013 to November 24, 2013 was 98,000 in monthly. As such, the Defendants, each of the unlawful gains, calculated at the rate of 135,184,474 won and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from March 28, 2014 to the date of delivery of the written request for change of the purport of the instant claim and the cause of the claim to the Plaintiff.

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