1. The defendant shall pay 50,916,600 won to the plaintiff and 12% per annum from July 13, 2019 to the day of complete payment.

1. Facts of recognition;

A. On May 29, 2017, the Plaintiff entered into a contract with C to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) from C (hereinafter “instant sales contract”) for KRW 630 million (hereinafter “instant real estate”). The same year

6. 13. He completed the registration of ownership transfer by Busan District Court No. 34907.

B. Although the Plaintiff completed the registration of transfer of ownership on the instant real estate, the Defendant, his spouse, resided in the instant real estate and occupied and used it.

Accordingly, the Plaintiff filed a lawsuit against the Defendant seeking delivery of the building as Busan District Court 2018Kadan4419, and on June 13, 2019, the above court rendered a judgment on the provisional execution declaration (hereinafter “instant judgment”) to the Plaintiff.

C. Nevertheless, the Defendant did not deliver the instant real estate until the filing of the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the defendant is obligated to deliver the real estate of this case to the plaintiff who acquired the ownership of the real estate of this case in accordance with the judgment of this case, etc., and the plaintiff is obligated to return unjust enrichment equivalent to the profits from possession and use of the real estate of this case from the date of acquisition of ownership

Furthermore, with respect to the amount of unjust enrichment, the amount of profit from the possession and use of the ordinary real estate is equivalent to the rent for the real estate. In full view of the arguments written in Gap evidence Nos. 1, 4, 5, and 6, the amount equivalent to the rent for the real estate in this case can be recognized as the fact that the amount of rent for the real estate in this case is 2,036,666 won per month (=520,00,000 x 4.7% per month (based on June 2017) x 1/12).