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1. The defendant shall be the plaintiff.
A. Of the fifth floor E of the D Building located in Seo-gu Busan and four parcels, the attached appraisal map No. 10,5,6.
Reasons
1. Basic facts
A. The fifth floor E of the D Building located in Busan, Seo-gu and four parcels (hereinafter “instant real estate”), following the registration of ownership in the order of I, J, K, and G, the registration of ownership was completed on November 11, 2016 in the name of the Plaintiff purchased from G.
B. Meanwhile, the registration of ownership of the above I on the instant real estate was made by F, who was referred by F, to I, to be awarded a successful bid in the process of compulsory auction. On September 2010, the Defendant leased the attached appraisal of the instant real estate from F, which was linked in sequence to each point of 10, 5, 6, 7, 8, 9, and 10 square meters in the line, and occupied it.
C. 1) G filed a lawsuit against F to seek a return of unjust enrichment equivalent to the rent from October 22, 2013, when G acquired the ownership of the instant real estate from the date when G transferred the ownership of the instant real estate to October 22, 2013 (Seoul District Court 2016Da310875, hereinafter “instant prior lawsuit”).
(2) However, in the instant prior suit, the Plaintiff succeeded to the instant real estate from November 11, 2016, on the ground that the instant real estate was owned by the Plaintiff, and filed a claim with G for the return of unjust enrichment equivalent to the rent from October 22, 2013 to the completion date of delivery of the instant dispute.
3) As to this, the court of first instance of the instant prior suit: (a) the owner of the instant real estate is deemed to be the Plaintiff from November 11, 2016, but the other party to the claim for the delivery of real estate based on ownership is the direct possessor; (b) the direct possessor is not F, but B (the Plaintiff’s claim for the delivery on the ground that the Defendant is the Defendant), and (c) the direct possessor is dismissed; (d) the amount of F is equivalent to KRW 348,352, monthly rent based on the result of the royalty appraisal from November 11, 2016 to the completion date of delivery of the instant dispute.