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(영문) 부산고등법원(창원) 2016.02.04 2015나21953
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

Defendant (Counterclaim Plaintiff) B and Defendant C shall be the Plaintiff (Counterclaim Defendant).

Reasons

1. Judgment on the Plaintiff’s main claim against the Defendants

A. Since the Plaintiff’s assertion that the Defendants occupied real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”) without permission, the Defendants are obligated to deliver the instant apartment to the Plaintiff, as well as to pay to the Plaintiff unjust enrichment equivalent to the rent of KRW 17,331,00 for the period from March 1, 2013 to September 30, 2014, as sought by the Plaintiff, from October 1, 2014 to September 1, 2014, in proportion to the rent of KRW 93,00 for the period from March 1, 2013 to September 30, 2014.

B. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each of the evidence Nos. 1 and 10 evidence of recognition:

1) On February 22, 2013, the Plaintiff completed the registration of ownership transfer for the instant apartment on December 31, 2012. (2) Defendant C, who is Defendant B and mother, is residing in the instant apartment from December 23, 2012.

C. According to the facts of the judgment as to the cause of the principal claim, the Defendants are obligated to deliver the said apartment to the Plaintiff, the owner of the said apartment, unless they have asserted a separate title to possess the said apartment, and to return the rent equivalent to the rent due to the possession and use of the said apartment from March 1, 2013 to the completion date of delivery of the said apartment, as sought by the Plaintiff, as the date they jointly acquired the Plaintiff’s ownership.

1) On December 18, 2012, when the Defendant B and the Defendant B were entitled to enter into a lease agreement with respect to the above apartment in trust with the title of ownership of the apartment in this case, F related to the part concerning the request for the delivery of the Defendants’ assertion 1) concluded a lease agreement between Defendant B and the Defendant B to lease the above apartment in KRW 170,000,000.

or F. ...

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