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(영문) 대구지방법원 2016.01.14 2015가단8688
건물인도등
Text

1. The Plaintiff:

A. The Defendants are real estate listed in the attached list on the second floor neighborhood living facilities of the C(C) Dong, 192.

Reasons

1. Judgment on the plaintiff's claim

A. The following facts can be acknowledged in light of the following facts in light of Gap evidence Nos. 1 and 2, Gap evidence Nos. 3-1 and 4-1 and 4-2, Gap evidence Nos. 4-1 and 4-2, and the purport of the whole pleadings as a result of a request for appraisal to appraiser C.

1) On September 16, 2014, the Plaintiff: (a) on September 16, 2014, the real estate indicated in the separate sheet from the Coco Asset Trust (hereinafter “instant real estate”); and (b)

(2) The Defendants, among the instant real estate, jointly possess and use the C(C) and the two-story neighborhood living facilities (a billiard), 192.95 square meters (hereinafter “the instant part(b)”). In addition, Defendant B leased the same real estate from D Co., Ltd. (hereinafter “D”) (hereinafter “D”) which was the previous owner on October 13, 2003 and completed the registration of ownership transfer on October 15, 2014. The Defendants occupied and used the instant lease while maintaining the same.

3) On or after October 15, 2014, the rent for the instant part (b) is KRW 517,210 per month, and the rent for the instant part (c) is KRW 419,790 per month. According to the facts found above, the Defendants are obligated to pay to the Plaintiff, the owner of the instant real estate, the amount of their joint possession, and Defendant B, the portion of the instant part (b) that is the joint possession, and the instant part (c) that is the possession of the instant real estate. The Plaintiff’s unjust enrichment equivalent to the rent for the period from October 15, 2014 when the Plaintiff acquired the ownership of the instant real estate to the completion date of its delivery, and the Defendants are obligated to pay the amount at each rate of KRW 517,210 per month, the rent for the instant part (b) and KRW 419,790 per month, which is equivalent to the rent for the instant part (c).

2. Judgment on the defendants' assertion

A. The Defendants agreed to lease the instant real estate without compensation between D’s representative E and D’s former owner until the commencement of the redevelopment project.

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