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(영문) 창원지방법원밀양지원 2017.09.13 2016가단2293
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From August 12, 2016, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. C and D completed on March 7, 2006 the registration of ownership transfer claim as to each one-half portion of the real estate listed in the separate sheet (hereinafter “instant real estate”), and D completed on April 17, 2006 the registration of transfer of the above provisional registration as to one-half share of the instant real estate to C, and C completed on September 5, 2007 the registration of transfer of the above provisional registration as to the instant real estate to the State industry.

B. On September 20, 2007, the State industry completed the registration of ownership transfer on the basis of the above provisional registration. However, on May 15, 2015, the Plaintiff cancelled the registration of ownership transfer by subrogation in accordance with the final judgment of Busan High Court (original High Court) 2010Na623.

C. On May 15, 2015, the Plaintiff completed the registration of ownership transfer for the instant real estate on April 21, 2015.

On the other hand, on July 11, 2014, the Defendant’s wife E entered into a sales contract for the instant real estate with the Jeju Industrial Company, and the Defendant resides in the instant real estate until now, and the rent from May 16, 2015 to March 15, 2017 is KRW 356,580 per month.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 4, and Eul No. 1, and the result of an entrustment of appraisal by this court to appraiser F, the purport of the whole pleadings

2. According to the facts of recognition prior to the determination on the cause of the claim, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, and to pay unjust enrichment equivalent to the rent calculated at the rate of KRW 356,580 per month from August 12, 2016 to the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff, as the date the Plaintiff acquired the ownership of the instant real estate.

3. First of all, the Defendant’s assertion is either null and void of the Plaintiff’s sales contract concerning the instant real estate on April 21, 2015 or constitutes a fraudulent act.

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