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(영문) 부산지방법원 2014.04.30 2013가단25763
건물명도 등
Text

1. The Plaintiff:

(a) Defendant B and C deliver the real estate listed in the separate sheet;

B. The Defendants respectively are 4,971.

Reasons

1. Determination as to the cause of claim

A. 1) On July 13, 2012, the Plaintiff is entitled to the instant apartment on July 13, 2012 (hereinafter “instant apartment”).

On July 9, 2012, Defendant A completed the registration of ownership transfer for the reason of sale by compulsory auction on July 9, 2012. 2) Defendant A had Defendant B and C move into the instant apartment from November 21, 2012, and Defendant B and C use and benefit from the instant apartment from around that time.

3) The amount equivalent to the rent of the instant apartment is KRW 331,00 per month from November 21, 2012 to November 20, 2013, and KRW 333,00 per month from November 21, 2013 to February 20, 2014. [Grounds for recognition] There is no dispute, Party A 1, 7, and 8 (each entry including the serial number, the result of the court’s entrustment of appraisal of rent, the purport of the entire pleadings, as a whole.

B. According to the above facts, Defendant A is an indirect occupant, and Defendant B and C are occupying and using the instant apartment as a direct occupant. As such, Defendant B and C are obligated to deliver the instant apartment, and the Defendants are obligated to pay the amount of unjust enrichment equivalent to the rent arising from the possession and use of the apartment of this case. 2) Furthermore, health expenses are about the scope of unjust enrichment, and the amount of profit arising from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent where the real estate is used in accordance with its original usage. The rent of the instant apartment from November 21, 2012 to November 20, 2013, from November 21, 2013 to February 30, 2014 to February 30, 2014 to the date of closing the proceedings of this case, as seen earlier, the rent of the instant apartment is ratified.

3) Therefore, the Defendants: (a) KRW 4,971,00, which is equivalent to the rent for each Plaintiff from November 21, 2012 to February 20, 2014 (= KRW 3,972,000 (= KRW 331,00 x 12 months) from November 21, 2012 to November 20, 2013 ② (i) 99,000 won from November 21, 2013 to February 20, 2014 (= KRW 33,000 x 33,000) and from February 21, 2014 to February 20, 2014).

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