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(영문) 광주지방법원해남지원 2019.01.22 2018가단1718
토지인도 및 임료
Text

1. The defendant shall be the plaintiff.

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

(b)payment of 448,232 won;

(c) 1.

Reasons

1. Indication of claim;

A. On November 17, 2016, the Plaintiff completed the registration of ownership transfer with respect to each of the above real estate on each of the real estate listed in the separate sheet, by determining as the highest bidder in the case of application for compulsory auction for real estate C, and paying all the proceeds of sale.

B. The Defendant has occupied and used the above real estate without any title from before the Plaintiff completed the registration of ownership transfer concerning each real estate listed in the attached list to the date of closing the argument of this case.

The amount equivalent to the rent for the period of calculating the rent (unit) shall be the real estate listed in attached Table 1 of the month from November 18, 2016 to November 17, 2017, 143, 619, 11, 968 on November 18, 2017 to November 125, 2095; 12,353 on November 18, 2016 to November 17, 2017; and the real estate listed in attached Table 2 of attached Table 2 of the year from November 18, 2016 to November 17, 2017;

C. On November 18, 2016, the day following the date on which the Plaintiff completed the registration of ownership transfer for each real estate listed in the separate sheet, the amount equivalent to the rent for each real estate listed in the separate sheet shall be as follows:

Therefore, the Defendant is obligated to deliver to the Plaintiff each real estate listed in the separate sheet, and pay KRW 448,232 to the return of unjust enrichment from the possession and use of each real estate listed in the separate sheet from November 18, 2016 to September 21, 2018. The amount calculated by the ratio of KRW 12,353 per month to the return of unjust enrichment from the possession and use of the real estate listed in the separate sheet from September 22, 2018 to the completion date of delivery of the real estate listed in paragraph (1) and the amount calculated by the ratio of KRW 8,253 per month to the return of unjust enrichment from the possession and use of the real estate listed in the separate sheet from September 2, 2018 to the completion

2. Article 208 (3) 2 of the Civil Procedure Act (in a case where the applicable provisions of Acts are deemed to exist);

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