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1. The defendant
(a) deliver the real estate listed in the separate sheet;
B. From February 7, 2017 to June 6, 2017
Reasons
1. Basic facts
A. On February 7, 2016, the Plaintiff was awarded an apartment as indicated in the attached Form (hereinafter “instant apartment”) in the compulsory auction procedure with the Busan District Court Dong Branch C, and completed the registration of ownership transfer as to the instant apartment on February 7, 2017.
B. The defendant occupies the above apartment.
C. Monthly rent for the above apartment is KRW 589,750 per month from February 7, 2017 to June 6, 2017, and thereafter is KRW 590,000 per month.
[Ground of recognition] The entry of Gap evidence Nos. 1 and 3, the result of appraiser D's appraisal of fees, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the apartment of this case to the plaintiff, barring any special circumstances, and to pay the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 590,00 per month from February 7, 2017 to June 6, 2017, and from the next day to the date of delivery of the apartment of this case by the defendant.
B. The defendant's assertion 1) The defendant asserted that the apartment of this case is the tenant with the opposing power to conclude a lease contract of KRW 100,000,00 with E, the former owner of the apartment of this case, and the plaintiff succeeded to the status of the lessor with respect to the apartment of this case from E, and thus the defendant cannot file a claim against the defendant for extradition or unjust enrichment equivalent to the rent. 2) The defendant's owner of the apartment of this case was the owner of the apartment of this case (acquisition of ownership on August 5, 2005) before receiving the successful bid of the apartment of this case, and the defendant was the wife of E (B) around August 6, 2005, completed the lease contract of KRW 10,000,000 with the F and the defendant as joint lessee as to the apartment of this case, and the defendant obtained the fixed date at that time.
C. On January 1, 2014, E drafted a lease contract of KRW 50,00,000 for F and the apartment of this case, and F.