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(영문) 수원지방법원 2017.04.12 2016나70598
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

Defendant F shall state the indication of the attached real estate in the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 30, 2012, A Co., Ltd. (hereinafter “A”) completed the registration of initial ownership relating to the instant building indicated on the attached property (hereinafter “instant building”). On the same day, B Co., Ltd. entered into a real estate security trust agreement with the Plaintiff and completed the registration of initial ownership transfer in the future of the Plaintiff.

B. On the other hand, Defendant E is on September 7, 2012; Defendant F is on October 4, 2013; Defendant F is on October 4, 2013; and 201 of the instant building [attached Form 3 inside the ship (the part; hereinafter referred to as “201”).

(D) On May 23, 2014, I and J purchased the above building on May 29, 201, and completed the registration of ownership transfer on the same day, and completed the registration of ownership transfer to the plaintiff on the same day. D. Defendant E removed from [based on recognition] Nos. 1, 7, 8, 13, 14, 15 through 17 (including numbered numbered numbered numbered numbered numbered numbered numbered numbered numbered number 7), and the purport of the entire pleadings as a whole.

2. Determination on the cause of the claim

A. According to the above facts, the Defendants obtained profits by occupying and using subparagraph 201 without legitimate title, and thereby inflicted damages on the Plaintiff. As such, Defendant F delivers subparagraph 201 to the Plaintiff, and the Defendants are obliged to return unjust enrichment.

B. Determination as to the Defendants’ assertion 1 on August 1, 2012, the Defendants leased No. 201 and Defendant E leased No. 201 by setting the lease deposit amount of KRW 20 million from A, and KRW 500,000 per month from rent.

9.7. Upon completion of the move-in report, the lessee with opposing power, who has legitimate title to possess 201, asserts that the Plaintiff cannot respond to the Plaintiff’s request for delivery of the building and the claim for return of unjust enrichment until the said lease deposit is returned.

2. First, 2.

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