beta
Text
1. For the plaintiffs:
A. Defendant G delivers the real estate listed in the separate sheet No. 1, and KRW 29,96,000 and March 23, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiffs are the owners of the real estate listed in the separate sheet No. 1 (hereinafter “instant 1 real estate”) and the real estate listed in the separate sheet No. 2 (hereinafter “instant 2 real estate”).
B. From December 20, 2013, Defendant G occupied the instant real estate from around December 20, 2013 to around May 14, 2013, and Defendant H occupied the instant real estate from around May 14, 2013 to each other.
C. Meanwhile, the sum of the rent from December 20, 2013 to March 22, 2016 is KRW 29,96,000 per month, and the rent thereafter is KRW 1,056,00 per month, and the rent from May 14, 2013 to March 22, 2016 is the sum of KRW 40,59,000 per month, and the rent from May 14, 2013 to March 22, 2016.
(Ground for recognition: Facts without dispute, entry of Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), the result of appraiser I's appraisal of rent, the purport of the whole pleadings
2. Determination:
A. According to the facts of the determination as to the causes of the plaintiffs' claims, barring special circumstances, Defendant G is obligated to pay KRW 1,056,00 per month from March 23, 2016 to the completion date of delivery of the above real estate, and Defendant H is obligated to deliver the instant real estate 2 to the plaintiffs, who are the owners of the instant real estate 1 and 2 real estate, to deliver the instant real estate 1, and to pay KRW 40,59,00 (from December 20, 2013 to March 22, 2016) as unjust enrichment equivalent to the rent due to the possession of the said real estate, from March 23, 2016 to March 31, 200 (from December 20, 2013 to March 22, 2016), and to pay KRW 30,59,000 per month from March 31, 2016 to March 31, 2016).
B. As to the defendants' assertion and judgment thereof, since the defendant G is still pending in the criminal complaint case by filing a criminal complaint against the plaintiff A, the plaintiffs' claim cannot be complied with, and the defendant H can deliver each of the buildings of this case by receiving the construction cost from the plaintiffs.
In this regard, the Defendants asserted.