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(영문) 서울남부지방법원 2013.09.26 2013가단3877
건물명도 등
Text

1. The Plaintiff:

A. The Defendants deliver the buildings listed in the separate sheet;

B. Defendant B and Defendant C respectively are July 2012.

Reasons

1. On July 31, 2012, the Plaintiff’s judgment as to the claim against Defendant A completed the registration of ownership transfer as to the instant building under Article 29783 of the Yeongdeungpo-gu Seoul Southern District Court’s receipt of the registration office, and the fact that Defendant A occupies the instant building may be recognized by the respective statements in the evidence Nos. 1, 2, and 3, without dispute between the parties or by the parties.

According to the above facts, Defendant A is obligated to deliver the above building to the Plaintiff, the owner of the building, unless it proves that he/she has a legitimate right to possess the building of this case.

As to this, Defendant A asserted to the effect that he occupied the above building as the possession assistant of D, who is the lien holder with the claim for the construction cost as the secured claim regarding the building of this case. However, Defendant A’s above assertion is not acceptable on the ground that there is no evidence to acknowledge the above assertion, following the fact-finding that the above Defendant occupied the above building.

Therefore, the plaintiff's claim against the defendant A is justified.

2. Determination as to claims against Defendant B and Defendant C

A. The grounds for the instant claim are as shown in the annexed sheet.

B. However, even though the above Defendants were served with a duplicate of the complaint of this case, they did not submit a document disputing the facts alleged by the Plaintiff, and did not appear on the date of pleading of this case.

Therefore, the facts alleged by the Plaintiff pursuant to Article 150(3) and (1) of the Civil Procedure Act are deemed to have been led to all confessions by the Defendants (self-contributed judgment: Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act). Therefore, the said Defendants are obligated to deliver the instant building to each Plaintiff, and to pay to each Plaintiff unjust enrichment equivalent to the rent calculated at the rate of KRW 500,000 per month from July 31, 2012 to the completion date of delivery of the said building.

3. The plaintiff's claim against the defendants is justified, and each of them is accepted.

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