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(영문) 서울중앙지방법원 2013.06.11 2012가단263669
건물명도 등
Text

1. Defendant A:

(a) deliver the real estate listed in the separate sheet;

B. From May 1, 2008, the above real estate.

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) From May 1, 2008, Defendant A occupies and uses the instant real estate without legitimate authority. The Defendants, other than Defendant A, occupy and use the instant real estate without legitimate authority. The Defendants, other than the instant real estate, occupy and use each of the pertinent parts specified in Section 2 of the Disposition without justifiable authority.

(3) As to the instant real estate by Seoul Central District Court No. 2012Kadan31613, 2012Kadan3363, the Plaintiff completed the execution of the instant provisional disposition on May 10, 2012 and May 31, 2012 with respect to the Defendants, other than Defendant A, by filing an application for provisional disposition prohibiting the transfer of real estate possession as to each of the corresponding parts specified in paragraph (2) of the instant real estate.

(4) The amount equivalent to the rent in the absence of the deposit for the lease of the instant real estate is KRW 2,832,00 per month from May 1, 2008 to February 28, 2010, and is ratified as the same amount even after March 1, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15 (including additional number), the purport of the whole pleadings

B. (1) According to the facts of the above recognition as to the request for extradition and eviction, the plaintiff, and the defendant A shall deliver the real estate of this case, and the remaining defendants except the defendant A shall leave the real estate of this case in each part of paragraph (2) of the disposition of this case.

(2) According to the above facts finding as to the claim for return of unjust enrichment, since May 1, 2008, Defendant A occupied and used the instant real estate without legitimate authority, thereby gaining profit equivalent to the rent and causing loss to the Plaintiff. As such, Defendant A returned unjust enrichment from May 1, 2008 to the completion date of delivery of the instant real estate, which is based on the ratio of KRW 2,832,00, which is the amount equivalent to the rent, from May 1, 2008 to the completion date of delivery of the instant real estate.

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