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(영문) 서울남부지방법원 2019.11.14 2019가단202706
건물명도(인도)
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

2. The plaintiff's defendants.

Reasons

1. The gist of the Plaintiff’s assertion is the owner of the real estate indicated in the attached list (hereinafter “instant building”). Since Defendant B and Defendant C, the former spouse of the Plaintiff, are occupying and using the instant building without any legal cause, the Defendants are jointly obligated to jointly deliver the instant building to the Plaintiff, and to pay the amount calculated by the rate of KRW 700,000 per month, which is the rent for the instant building, from January 6, 2019 to the completion date of delivery of the instant building, after the Defendants occupied the instant building due to unjust enrichment or tort.

2. Determination

A. Comprehensively taking account of the overall purport of the pleadings and arguments as to the claim for the delivery of a building, the court of appeal in the case of Seoul High Court 2016B2, Seoul High Court 2016B32, the appellate court held on November 10, 2017 that “Defendant B shall implement the procedure for transferring ownership on the ground of this decision, and shall pay to the Plaintiff 459,000,000 won and 5% interest per annum from the date following the date of complete payment: 20:0,000 won to the 19:0,000,000 won to the 20,000,000 won to the 20,000,000 won to the 20,000,000 won to the 20,000,000 won to the 19,000,000 won to the 19,000,000 won to the 20,016,29,00.

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