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Reasons
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(영문) 수원지방법원 2018.11.15 2018가단512767
건물명도(인도)
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1. The defendant shall be the plaintiff.

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

B. As from November 1, 2016, 6,597,000 won and above.

Reasons

1. Basic facts

A. On November 2, 2015, the Plaintiff entered into a sales contract with C on the buildings listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer on November 13, 2015.

B. On November 13, 2017, the Plaintiff filed a lawsuit against C and D, including the name map of the building (Seoul District Court Decision 2016Kadan109527, hereinafter “related lawsuit”). On November 13, 2017, the Plaintiff was partly winning the lawsuit that “C shall deliver the instant building to the Plaintiff.”

C. The Plaintiff intended to execute the delivery of the instant building in accordance with the foregoing judgment, but the Defendant, the wife of D, completed the move-in report of the instant building on June 16, 2016 and was unable to execute the move-in report.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant is obligated to deliver the building of this case to the plaintiff and return the profit equivalent to the profit of the building of this case to the plaintiff as unjust enrichment, barring special circumstances.

B. Furthermore, according to the results of the commission of appraisal of rent from June 16, 2016 to October 31, 2016, the monthly rent of the instant building is KRW 1,46,00, and the monthly rent is KRW 1,512,00 from November 1, 2016 to March 24, 2017. Since the amount of unjust enrichment that the Defendant has to return is confirmed to be the same amount as that of the subsequent rent, the amount of unjust enrichment that the Defendant has to return is 6,597,00 won [from June 16, 2016 to June 30, 2016] x 1,512,00 won per month from October 16, 201 to March 24, 2016 x 0.3,500 won and 16.6,000 won per six months from June 16, 2016 to 30.6, 2016]

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