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1. The Defendants jointly do so to the Plaintiff:
(a) deliver real estate indicated in the annexed real estate;
B. February 1, 2016
Reasons
1. In full view of the statement No. 1 of the judgment as to the cause for the claim and the purport of the entire pleadings as a result of appraiser E’s appraisal, the Plaintiff’s voluntary auction procedure (Seoul Northern District Court FF, hereinafter “instant auction”) was awarded a successful bid and completed the registration of ownership transfer in the future on January 22, 2016. However, the Defendants, a couple, jointly occupy and use the instant real estate before January 22, 2016 and jointly occupy and use the instant real estate from January 22, 2016, can be recognized as constituting 946,200 the monthly rent of the instant real estate.
According to the above facts of recognition, the defendants who occupy the real estate of this case are jointly obligated to deliver the real estate of this case to the plaintiff, and to pay to the plaintiff the amount equivalent to the amount of unjust enrichment equivalent to the rent generated by occupying and using the real estate of this case without any legal cause from February 1, 2016 to the completion of delivery of this case.
2. Judgment on the defendants' assertion
A. The Defendants asserted that, on March 29, 201, Defendant C leased the instant real estate from G, the owner of the instant real estate, without rent, KRW 22 billion, and that the Defendants had the right to possess the said real estate, since they resided in the said real estate after the relocation report was completed and acquired opposing power under the Housing Lease Protection Act.
B. According to the evidence Nos. 1, 3, and 5, each of the judgment evidence Nos. 1, 3, and 5, the Defendants stated that Defendant C, the wife of Defendant B, shall pay each of the intermediate payment of KRW 59 million on the date of the contract, and the remainder of KRW 4,3 million on August 23, 201, with the lease deposit amount of KRW 22 billion, and the lease term of the instant real estate from September 28, 201 to September 27, 2013 (Evidence No. 3; hereinafter “instant contract”). The Defendants paid each of the intermediate payment of KRW 59 million on August 23, 201, with the remainder of KRW 4,3 million on October 5, 2011.