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(영문) 전주지방법원군산지원 2014.07.25 2013가단50102
건물인도 등 청구의 소
Text

1. Defendant (Counterclaim Plaintiff) E and Defendant F to each of the Plaintiffs:

(a) deliver the buildings listed in Attachment No. 2;

Reasons

1. Facts [based on the recognition] Gap evidence 1 to 6, and Eul evidence 5 (including various numbers), each appraisal result of appraiser G and H, and the purport of the entire pleadings (hereinafter “the deceased”) were resided in the instant building as the owner of the instant land and the instant building, and died on March 6, 201.

Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) is the deceased’s property heir and the inheritance share are 1/4, respectively.

Defendant F is between the deceased’s Chok-ro and the deceased’s death, and the Defendant F’s (Counterclaim Plaintiff; hereinafter “Defendant F”) E is Defendant F’s son.

On February 18, 2011, the creditor of the deceased had commenced the auction procedure of this case with the decision of compulsory commencement of auction on the land of this case (J).

The Defendants, around March 2, 2011, around 31, 2011, filed a move-in report with the location of the instant building to its domicile, and Defendant F filed an application for a report on rights and a demand for distribution with the lessee in the instant auction procedure.

Defendant F, at the instant auction procedure, won the instant land at his mother K and completed the registration of ownership transfer in the name of K on November 3, 201. Defendant F again completed the registration of ownership transfer by a purchase method on December 21 of the same year.

The Defendants asserted that they leased the instant building from the Deceased on February 15, 2011 and possessed it, and the sum of the rent for the instant building from February 15, 201 to February 14, 2014 is KRW 11,457,730, and the monthly rent from February 15, 2014 is KRW 29,570.

The sum of rent for the instant land from December 21, 201 to December 6, 2013 is KRW 3,500,341, and monthly rent from December 7, 2013 is KRW 150,543.

2. The summary of the claim as to the main claim: the plaintiffs' claim for the delivery of the building of this case and the return of unjust enrichment equivalent to the rent based on the ownership of the building of this case shall be asserted as follows.

Defendant F was a building contractor, and around August 1995, Defendant F performed the new construction of the instant building.

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