(영문) 청주지방법원 2016.10.28 2016가단101563

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(영문) 청주지방법원 2016.10.28 2016가단101563

건물인도 등 청구의 소

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1. The defendant shall be the plaintiff.

A. To deliver the buildings listed in the attached list, and to the above buildings from July 1, 2016.

Reasons

1. Facts of recognition;

A. On June 9, 2007, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant house”) from Nonparty C and completed the registration of ownership transfer on June 15, 2007.

B. The Defendant occupied and used the instant house from November 2005, before the Plaintiff acquired the ownership of the instant house.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, barring special circumstances, has a duty to deliver the instant house to the Plaintiff, the owner of the instant house, and to return unjust enrichment equivalent to the rent from June 15, 2007 to the completion date of delivery of the instant house, which the Plaintiff acquired the ownership of the instant house.

Furthermore, according to the results of appraisal of rent for the amount of unjust enrichment, the sum of monthly rent is KRW 2,748,00 from June 15, 2007 to June 30, 2016, and the monthly rent from July 1, 2016 to KRW 3.10,00,00. As such, the sum of monthly rent from June 15, 2007 to June 30, 2016 should be KRW 2,748,00,00 as the Plaintiff seeks from June 15, 2007 to June 30, 2016, the following day after the copy of the application for change of the purport of the claim and the cause of the claim in this case was served on the Defendant, the amount shall be calculated at the rate of KRW 15% per annum from September 22, 2016 to June 31, 2016 to the day of delivery of the house in this case.

B. The Defendant, on November 2005, entered into a lease contract with C, the former owner of the instant house, and the lease deposit amount of KRW 40 million from November 8, 2005 to November 7, 2007, and completed resident registration. Thus, the Defendant may oppose the Plaintiff, the transferee of the instant house, and until the Plaintiff was returned the lease deposit amount of KRW 40 million from the Plaintiff.

참조조문

-소송촉진 등에 관한 특례법

-주택임대차보호법

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