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(영문) 대전지방법원서산지원 2016.10.26 2016가단426
건물인도 등
Text

1. From July 22, 2015, the Defendant: (a) from the Plaintiff’s KRW 40,000, the retail store of the first floor of the building as indicated in the attached Table from July 22, 2015 to 195.63 square meters.

Reasons

1. Basic facts

A. On June 22, 2015, the Plaintiff received a successful bid in the voluntary auction procedure and completed the registration of ownership transfer in its name.

B. The Defendant is occupying and using the portion of approximately 97.82 square meters in a ship connecting each point in order of indication 1, 2, 3, 4, 5, 6, and 1 of the attached Form among the first floor of the building listed in the attached Table list (hereinafter “instant building”) while operating a certified judicial scrivener’s office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, the owner of the instant building, and to pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 600,000 per month from July 22, 2015 to the completion date of delivery of the instant building, which the Plaintiff acquired ownership, to the Plaintiff.

B. On February 22, 2008, the defendant's assertion 1) is the legitimate possessor who entered into a lease agreement on the building of this case with B, etc. who was the owner of the building of this case, and has the opposing power under the Commercial Building Lease Protection Act. Thus, the plaintiff cannot respond to the plaintiff's request for extradition until he was returned the lease deposit from the plaintiff who succeeded to the status of the lessor. 2) Upon considering the overall purport of the arguments in Gap's evidence Nos. 1, 2, 3, 3, 4, 5, 6, 7 (including the serial number), the defendant paid the lease deposit of this case between B and C, which owned the building of this case on February 22, 2008, and the lease contract of this case was concluded between C and C with the owner of the building of this case, and the owner of the building of this case who acquired the lease deposit of this case for a period of 40 million won, 600,000 won, 208.

C. The defendant

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