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(영문) 창원지방법원밀양지원 2017.09.13 2016가단2286
건물명도
Text

1. The defendant shall be the plaintiff.

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

B. From August 13, 2016, the above A

subsection (b).

Reasons

1. Facts of recognition;

A. On May 21, 2004, D completed the provisional registration of the right to claim ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”), and on March 7, 2006, E and F completed the registration of the above provisional registration with respect to each of the 1/2 shares in E and F, and on April 17, 2006, F completed the registration of the transfer of the above provisional registration with respect to each of the above shares in the instant real estate to E on April 17, 2006, and E completed the registration of the transfer of the above provisional registration with respect to the instant real estate to a limited liability company on September 5, 2007.

B. A limited liability company G completed the registration of ownership transfer on September 20, 207 based on the above provisional registration and completed the registration of ownership transfer to C on January 18, 2013. However, on May 15, 2015, the Plaintiff cancelled the registration of ownership transfer by subrogation of the registration of ownership transfer under the name of G of a limited liability company G with respect to the instant real estate in accordance with the final judgment of Busan High Court (original Court) in Busan High Court (2010Na623, and on the same day, the registration of ownership transfer

C. On May 15, 2015, the Plaintiff completed the registration of ownership transfer for the instant real estate on April 21, 2015.

Meanwhile, the Defendant purchased the instant real estate from Company G, and is currently residing in the instant real estate, and the rent from May 16, 2015 to March 15, 2017 is KRW 360,000 per month.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 4, the result of an entrustment of appraisal of rent to appraiser H by this court, the purport of the whole pleadings

2. According to the facts of recognition prior to the determination on the cause of the claim, barring any special circumstance, the Defendant shall deliver the instant real estate to the Plaintiff, the owner of the instant real estate, and, as a result of the Plaintiff’s acquisition of ownership of the instant real estate, the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 360,000 per month from August 13, 2016 to the completion date of delivery of the instant real estate, as sought by the Plaintiff.

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