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1. The defendant shall pay 14,451 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit, 19.
Reasons
Facts of recognition
The Plaintiff won 6/23 shares out of 711 square meters (hereinafter “instant land”) in the case of the compulsory auction of real estate D in Daejeon District Court Seosan Branch DD, Chungcheongnam-gun, Chungcheongnamnam District Court, and paid the price on May 25, 2018.
Nonparty E holds the remainder of 17/23 of the instant land from June 21, 2018.
The Defendant owns the land of this case as the site for each of the buildings of this case, each of which was owned by the lower court, in sequence with each point of 1,2, 3, 4, 5, 6, and 1 on the land of this case, the part of the lower court
On November 16, 2018, the Plaintiff sold 6/23 shares owned by the Plaintiff among the instant land to F on November 16, 2018, while the instant lawsuit was pending, and completed the registration of ownership transfer to F on November 22, 2018.
【In the absence of dispute, the Defendant is obligated to remove each of the instant buildings to the Plaintiff, deliver the instant land to the Plaintiff, and pay unjust enrichment equivalent to the Plaintiff’s rent corresponding to the Plaintiff’s share from May 26, 2018, the following day after the Plaintiff acquired the Plaintiff’s right to share, from May 26, 2018 to the day of the expiration of the Defendant’s possession of the instant land or the date of the Plaintiff’s loss of ownership.
As the plaintiff alleged by the defendant ① sold shares in the land of this case, there is no claimant.
(2) The defendant shall raise objection.