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(영문) 수원지방법원 2018.11.09 2017가단529089
건물명도(인도)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is on 60,017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 13, 2016, the Plaintiff entered into a sales contract for each of the instant real estate with D Co., Ltd. (hereinafter “D”) entrusted by the Trust Co., Ltd. (hereinafter “C”) (hereinafter “D”), and completed each of the instant registration of ownership transfer as of February 10, 2017, as of February 10, 2017, the Suwon District Court, the Port Office, the Port Office, and the Port Office, the registration of ownership transfer as of February 10, 2017, respectively.

B. The Defendant is a management company responsible for the management of the building in which each of the instant real estate belongs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. Plaintiff’s assertion 1) The Defendant asserted that the lien was established for the instant three rooms, and that the Plaintiff occupied the instant three rooms without permission from February 11, 2017 to May 25, 2018, by asserting that the lien was established for the instant three rooms, and thus, the Defendant is obligated to pay to the Plaintiff unjust enrichment for KRW 3,2260,000,000, which is the rent equivalent to the rent for the instant three rooms during the said period. In addition, the Defendant interfered with the Plaintiff, the owner of the instant three rooms, who is the owner of the instant three rooms, with the installation of indoor interior interior interior interior interior interior and heating and cooling works, etc., so the Defendant is obligated to pay the Plaintiff compensation for damages, calculated at the rate of KRW 2,109,00,00, which is the monthly rent, the amount equivalent to the said three rooms, until the suspension of the construction act.

B. We examine the determination of the claim for return of unjust enrichment 1, the statement No. 4, and testimony by the witness F alone, are installed in the instant three locks from February 11, 2017 to May 25, 2018.

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