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(영문) 서울동부지방법원 2017.02.06 2016가단138658
건물명도
Text

1. The Defendants are to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

(b) From October 19, 2016 to A.

subsection (b).

Reasons

On October 18, 2016, the Plaintiff acquired the ownership of real estate listed in the separate sheet (hereinafter “instant apartment”) with a public sale on October 18, 2016. The Defendants occupied the apartment without a title to oppose the Plaintiff. The amount equivalent to the monthly rent of the instant apartment is KRW 1,90,000. The Defendants are deemed to have led to confession pursuant to Article 257 of the Civil Procedure Act.

Therefore, the Defendants are obligated to pay each amount of unjust enrichment equivalent to the monthly rent of KRW 950,00 per month (limited to the Plaintiff’s claim based on the ratio of KRW 1,900,000 per month without indicating the overlapping relationship among the Defendants, and thus, it shall be deemed to have sought the installment payment) from the Plaintiff to the completion of the delivery from October 19, 2016. Thus, the Plaintiff’s claim of this case seeking the payment of the installment amount is justified, and it is so decided as per Disposition.

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