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(영문) 수원지방법원성남지원 2015.06.11 2014가단18802
건물인도 등
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the buildings listed in the annex;

B. 9,149,30 won and March 26, 2015

Reasons

1. Facts of recognition;

A. Defendant B leased the instant house, which was owned D from D on August 20, 209, with the lease deposit of KRW 30,000,000, and with the lease period from August 27, 2009 to August 26, 2014.

Defendant B moved into the instant house with Defendant C, the wife around the date of the above contract, and completed the move-in report on August 28, 2009.

Meanwhile, the Defendants reported the transfer on September 9, 2010, but completed the re-transfer report on October 21, 2010.

B. Since December 26, 2010, Defendant B concluded a lease contract with the lease deposit amount of KRW 80,000,000 and the lease period from December 26, 2010 to December 25, 2012, Defendant B paid KRW 50,000,000 as the lease deposit raised from December 28, 2010.

C. D on August 1, 2011, the establishment registration was completed in the future of the Korea Financial Savings Bank (hereinafter “Korea Financial Savings Bank”) Korea (hereinafter “Korea Financial Savings Bank”).

On August 5, 2013, at the request of the Korea Financial Savings Bank, an auction procedure for exercising a security right to the housing of this case was commenced.

In the auction procedure, the Plaintiff received the instant house by selling it, and completed the registration of ownership transfer on March 25, 2014.

E. The Defendants are residing in the instant housing after the conclusion of each of the above lease agreements until now.

If there is no deposit for lease, the monthly rent of the instant house is KRW 1,180,00 from March 26, 2014 to March 25, 2015, and KRW 1,220,000 thereafter.

Meanwhile, the unpaid management expenses (from July 2013 to January 2015) incurred by the Defendants while occupying and using the instant house are KRW 4,989,330.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4, 9, 10, 11, Eul evidence Nos. 2 and 3, the result of appraisal of rent by appraiser E, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion by the parties is the owner of the instant housing, who is the owner of the instant housing, and is the user of the instant housing, to deliver the instant housing and to pay unjust enrichment equivalent to the rent.

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