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Reasons
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(영문) 서울중앙지방법원 2016.09.23 2015가단5116684
건물명도
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1. The Defendants jointly share KRW 71,993,225 with the Plaintiff and the interest rate of KRW 15% per annum from August 18, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 30, 2014, the Plaintiff received a decision to permit the sale of each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Seoul Central District Court E in the auction procedure for real estate rent, and paid in full the sale price on December 24, 2014.

B. The Defendants occupied and used the instant real estate in the instant real estate in the name of “F” in the instant real estate. However, the Plaintiff was handed over the instant real estate on May 4, 2016 through the delivery of real estate to the Defendants.

C. The annual rent of the instant real estate from December 24, 2014 to December 23, 2015 is KRW 5,244,00 (monthly rent x 12), and the monthly rent from December 24, 2015 is KRW 4,490,00.

[Ground of recognition] Defendant 1 and 2: A without dispute over the facts that there is no dispute, each entry of Gap evidence Nos. 1 through 4, the result of the entrustment of appraisal to appraiser G, and the purport of the whole pleadings against Defendant 3: The judgment to recommend confession (Article 150 of the Civil Procedure Act)

2. According to the facts of the determination as above, the Defendants acquired benefits from the Optional Prize by jointly occupying and using the instant real estate, and the Plaintiff, the owner of the instant real estate, thereby causing damage to the equivalent amount. As such, the Defendants jointly obligated to jointly pay to the Plaintiff the amount of unjust enrichment by occupying and using the instant real estate from December 24, 2014 to May 4, 2016, KRW 71,993,225 [5,240,00 from December 24, 2014 to December 23, 2015] and the obligation to jointly pay to the Plaintiff the amount of unjust enrichment by 19,53,25 [490,491/411/41)] from December 24, 2014 to December 24, 2015 to December 4, 2016 and damages for delay from the date of filing a claim for the instant change of the claim to the Plaintiff by 15th day.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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