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(영문) 인천지방법원 2017.12.20 2017가단451
건물명도등
Text

1. The Defendants are to the Plaintiff.

(a) deliver the buildings listed in the annex sheet;

(b) jointly and severally deliver from September 1, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner who completed the registration of ownership transfer on August 31, 2016, based on sale on August 11, 2016.

B. The Defendants occupy the buildings listed in the annexed sheet with the vice versa.

C. As of September 21, 2017, the amount equivalent to the monthly rent of the above building is at least 500,000 won.

[Reasons for Recognition] Defendant B: Each entry in the evidence Nos. 1 through 5, as a whole, Defendant C: deemed as confession

2. If so, the defendants have the duty to deliver the building indicated in the attached Table to the plaintiff as the owner.

Furthermore, we examine the amount of unjust enrichment to be returned by the Defendants.

In ordinary cases, the amount of profit from the possession and use of real estate is the amount equivalent to the rent of that real estate. The fact that around September 21, 2017, the amount of profit from the possession and use of the real estate in this case is at least 500,000 shall be the monthly rent of the real estate in this case, as seen above, and thereafter, it shall be confirmed that the amount of rent thereafter is the same. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff unjust enrichment equivalent to the rent calculated at the rate of 50,000 won per month from September 1, 2016 to the completion date of delivery.

3. The plaintiff's claim for the conclusion is accepted on the grounds of all.

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