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(영문) 서울중앙지방법원 2017.04.18 2016가단5039258
건물명도
Text

1. The Defendant and the Defendant (Counterclaim Plaintiff) against each Plaintiff (Counterclaim Defendant)

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

Reasons

1. Determination on the main claim

A. The facts of recognition [based on recognition: B between the Plaintiff and the Defendant (Counterclaim Plaintiff): (a) concluded a trust agreement with the Scco Asset Trust Co., Ltd. (hereinafter “Scco Asset Trust”) on August 3, 2007; and (b) completed the registration of ownership transfer arising from the trust in the future of the Ccco Asset Trust on the same day.

(2) On November 2015, 2015, the Cocco asset trust proceeds from the public sale of the instant real estate. The Plaintiff purchased the instant real estate in the said public sale procedure and completed the registration of ownership transfer based on the sale as of November 20, 2015.

(3) Defendant E is the father of D, and F, the representative of Defendant-Counterclaim Plaintiff, is the husband of D, and the Defendant and the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) have used the instant real estate as the office, and have possessed it up to now.

B. According to the above facts of determination, the Defendant and the Defendant (Counterclaim Plaintiff) possess the instant real estate owned by the Plaintiff. As such, the Defendant and the Defendant (Counterclaim Plaintiff) are obligated to deliver the instant real estate to each Plaintiff.

In addition, the Defendant and the Defendant (Counterclaim) have gained profits equivalent to the rent by occupying and using the instant real estate, and thereby have inflicted damages on the Plaintiff equivalent to the same amount. As such, the Plaintiff is obligated to return unjust enrichment equivalent to the rent from November 20, 2015, which acquired the Plaintiff’s ownership, to the time when transferring the instant real estate to the Plaintiff.

Furthermore, according to the result of the appraisal of rent for the G of this Court with respect to the scope of unjust enrichment to be returned by the Defendant and the Defendant (Counterclaim Plaintiff), the monthly rent of the instant real estate is KRW 3,133,00, and the subsequent rent is confirmed to be the same, and the return of unjust enrichment due to joint possession is not correct.

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