logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.11.03 2015가단6800
건물명도 등
Text

1. The Defendants jointly deliver to the Plaintiff the real estate indicated in the attached list, and from February 27, 2015, the Defendants are as follows.

Reasons

1. Facts of recognition;

A. On February 26, 2015, the Plaintiff completed the registration of ownership transfer based on payment in kind on May 7, 2008 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Defendants possess the instant real estate from May 2008.

C. On February 27, 2015, monthly rent from February 27, 2015 to the closure of pleadings is 687,000 won, and is presumed to be the amount equivalent to the same thereafter.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of whole pleadings]

2. According to the above facts of recognition as to the cause of the claim, the Defendants jointly have a duty to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, and upon the Plaintiff’s request, have a duty to return unjust enrichment equivalent to the rent in proportion to KRW 687,00 per month from February 27, 2015 to the completion date of the delivery of the instant real estate from February 27, 2015 to February.

The Defendants asserted that the Plaintiff is only a secured party to the instant real estate, but the Plaintiff completed the registration of ownership transfer with respect to the instant real estate, barring any special circumstance, it is presumed that the Plaintiff was the owner of the instant real estate, and there is no evidence to reverse this, and thus, the Defendants’ assertion

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition by admitting it.

arrow