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1. The Plaintiff:
(a) Defendant B and C deliver the real estate listed in the separate sheet;
B. The Defendants are jointly and severally liable for payment on April 412.
Reasons
In full view of no dispute between the parties, or comprehensively taking account of the overall purport of Gap evidence Nos. 1, 9, and 16 and the purport of all pleadings, the fact that the plaintiff completed the registration of ownership transfer due to a compulsory auction on July 9, 2012 as to the real estate listed in the separate sheet (hereinafter “instant real estate”) on July 13, 2012, and that the defendant Gap had the defendant B and C move into the instant real estate from February 18, 2013 to use and profit from the instant real estate from February 18, 2013, and that the rent for the instant real estate as of February 13, 2013, which is close to the closing date of the pleadings of the instant case, constitutes 412,500 per month.
According to the above facts, Defendant A is an indirect possessor, and Defendant B and C obtained a profit equivalent to the rent while occupying and using the instant real estate as a direct possessor, and thereby inflicted damage on the Plaintiff as the owner. As such, Defendant B and C are obligated to deliver the instant real estate to the Plaintiff. The Defendants are jointly obligated to jointly and severally liable to pay to the Plaintiff unjust enrichment equivalent to the rent of KRW 412,50, and the amount of unjust enrichment equivalent to the rent of KRW 412,500 from February 18, 2013 to March 17, 2013, and from March 18, 2013 to the completion date of delivery of the instant real estate.
As to this, the Defendants asserted that Defendant A has a claim for the construction cost related to the new construction of the building of the 12th floor building in Busan High-gu D, including the instant real property, and exercised a lien on the instant real property based on the above claim for the construction cost, and thus it is impossible to comply with the Plaintiff’s claim. However, there is no evidence to acknowledge that Defendant A had a claim for the construction cost related to the new construction of the above 12th floor building, including the instant real property, and therefore,
Therefore, the plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.