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1. The defendant
(a) deliver apartment buildings listed in the separate sheet;
B. From February 27, 2015, the above-mentioned A
subsection (b).
Reasons
1. Facts of recognition;
A. On February 26, 2015, the Plaintiff completed the registration of ownership transfer based on payment in kind on May 7, 2008 with respect to an apartment as indicated in the separate sheet (hereinafter “instant apartment”).
B. The Defendant has been residing in the instant apartment since February 26, 2015 to the present date.
2. Determination
A. In a case where a judgment on the cause of the claim has been made for the transfer of ownership, it is presumed that not only the third party but also the former owner acquired ownership by legitimate cause of registration (see, e.g., Supreme Court Decision 81Da791, Jun. 22, 1982). According to the above facts, the defendant is obligated to deliver the apartment of this case to the plaintiff presumed to be the owner of the apartment of this case, and return the amount of unjust enrichment equivalent to the rent for the possession and use of the apartment of this case to the plaintiff, barring special circumstances.
B. The defendant's argument as to the defendant's assertion is not the plaintiff, but the owner of the apartment of this case is not C or 100, and thus, the plaintiff's claim is unjustifiable. However, it is insufficient to reverse the presumption that the plaintiff acquired the ownership of the apartment of this case due to legitimate grounds for registration, and there is no other evidence to acknowledge it. Thus, the defendant's argument is without merit.
C. Furthermore, the scope of return of unjust enrichment, and the amount of profit from the possession and use of the real estate in ordinary cases, shall be the amount equivalent to the rent for the real estate. According to the result of a request for appraisal of rent for D appraiser's office of this court, the monthly rent for the apartment of this case is recognized as 570,000 won per month from February 27, 2015 to February 27, 2016, and the monthly rent for the apartment of this case shall be confirmed as 570,000 won after February 27, 2016.
Ultimately, the amount of unjust enrichment to be returned by the defendant is claimed by the plaintiff.