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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. From February 5, 2015, above A
subsection (b).
Reasons
1. There is no dispute between the parties to the judgment on the cause of the claim, or according to the evidence Nos. 1 and 2, the Plaintiff is obligated to deliver the instant building to the Plaintiff as the owner, and to pay unjust enrichment equivalent to the rent calculated by the rate of KRW 600,000 per month from February 5, 2015 to February 5, 2015, in the voluntary auction procedure (hereinafter “instant auction”). The amount equivalent to the rent for the instant building on or around February 6, 2015 can be acknowledged. Since the amount equivalent to the rent for the instant building after it is confirmed to be the same amount as KRW 60,000 per month, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff as the owner and pay the amount equivalent to the rent calculated by the ratio of KRW 600,000 per month from February 5, 2015 to the completion date of delivery of the building.
2. On the judgment of the Defendant’s assertion, the Defendant asserted that the instant building cannot be transferred to the Plaintiff until the deposit for lease was returned, since the Defendant filed a lawsuit of demurrer against the distribution relating to the Defendant’s deposit, and the deposit for lease was not refunded.
The right of lease is extinguished when real estate for auction purposes is sold at a successful bid, and the successful bidder cannot be deemed to be included in the transferee of the leased house as prescribed in Article 3 of the Housing Lease Protection Act (see, e.g., Supreme Court Decision 9Da59306, Feb. 11, 2000). According to each of the statements in the evidence Nos. 2 and 3, the defendant may not claim the effect of the right of lease against the successful bidder (see, e.g., Supreme Court Decision 9Da59306, Jul. 19, 2012). According to the statement in the evidence Nos. 2 and 3, the defendant leased the building of this case from D, the former owner of the building of this case, KRW 10 million, monthly rent, and from July 20, 2012 to July 23, 2012, and thereafter the moving-in report is completed.