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(영문) 대전지방법원 2017.08.10 2016가단218475
토지인도
Text

1. Defendant C:

(a) Of the second floor of the building listed in the separate sheet, each point of the attached sheet No. 1, 2, 3, 4, and 1.

Reasons

The Plaintiff is the owner of the instant building part. However, from May 14, 2015 without the Plaintiff’s consent, Defendant C is obligated to occupy the instant building part without permission and gain profit equivalent to the use profit and to compensate the Plaintiff for damages equivalent to the same amount. Accordingly, Defendant C is obligated to deliver the instant building portion to the Plaintiff, and to pay the amount equivalent to the rent calculated at the rate of KRW 1,00,000 per month from May 15, 2015 to the completion date of delivery of the instant building portion as unjust enrichment return.

Article 208(3)2 of the Civil Procedure Act, and Article 150(3)3 of the Civil Procedure Act, 1) The Plaintiff entered into a contract for the construction of removal and waste disposal of the building of this case with D around December 2007, and around that time, paid KRW 40 million to D with the scrap metal. However, as the removal under the above construction contract did not take place, D had to return the said KRW 40 million to the Plaintiff.

D on February 17, 2011, instead of the above 40 million won obligation, transferred to the Plaintiff all the rights to the instant building in lieu of the said 40 million won obligation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, and 7 (including branch numbers, if any) and the plaintiff's assertion of the purport of the whole pleadings 1) on February 17, 201, the plaintiff acquired ownership by receiving the part of the building of this case from D, the owner of the building of this case, as payment in kind. However, on May 14, 2015 without the plaintiff's consent, the defendant Gap and Eul leased the part of the building of this case to the defendant Eul on May 14, 2015, and let the defendant Eul use the part of the building of this case and make profits therefrom. Accordingly, the defendant Gap and Eul obtain profits equivalent to their profits, and the plaintiff inflict damage equivalent to their amount, and therefore the defendant Gap and Eul are obligated to return the unjust enrichment to the plaintiff even if they are obligated to return the building of this case.

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