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1. The Plaintiff:
A. The Defendants deliver the real estate listed in the separate sheet;
B. The Defendants are individually 36,30,000 won.
Reasons
1. Basic facts
A. On November 17, 2010, the Plaintiff concluded a real estate security trust agreement with respect to the building with the fourth underground floor and the apartment-type factory on the ground 20th floor (hereinafter “instant building”) located in Seongbuk-gu, Sungnam-gu, the other party of the Sungnam-gu, including the real estate listed in the attached list (hereinafter “instant real estate”) and the real estate listed in the attached list (hereinafter “instant real estate”), and completed the registration of ownership transfer in the future of the Plaintiff on November 25, 2011.
B. The Defendants occupy the instant real estate before November 25, 2010.
[Reasons for Recognition] The fact that there is no dispute over Defendant A’s confession judgment (Article 208(3)2 of the Civil Procedure Act, Article 150(3) of the Civil Procedure Act), Defendant Stex C&C (hereinafter “Defendant Stex”), Gap evidence, and the purport of the entire pleadings
2. Determination as to the cause of claim
A. According to the facts acknowledged as above, the Defendants, the possessor of the instant real estate, are obligated to deliver the said real estate to the Plaintiff, the owner, unless there are special circumstances.
B. In addition, the Defendants should return unjust enrichment equivalent to the rent gained by occupying and using the instant real estate to the Plaintiff.
Furthermore, according to the results of the appraisal of rent for the instant real estate from November 25, 2010 to November 24, 2013 with respect to the scope of unjust enrichment, the following facts are acknowledged: (a) the rent for the instant real estate from November 25, 2010 to November 24, 2013; and (b) the rent for the rent after November 25, 2013 to November 25, 2013 were 834,245. As such, the Defendants, as their own unjust enrichment, calculated at the rate of 136,30,000 won and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from March 28, 2014 to the day of complete payment; and (c) the Defendants deliver the instant real estate from November 25, 2013 to the Plaintiff as their own unjust enrichment.