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(영문) 수원지방법원 2015.02.06 2014가단41915
건물명도 등
Text

1. The Defendants:

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

B. From May 30, 2014, the above real estate.

Reasons

1. Determination on the cause of the claim

A. On August 30, 2012, with respect to the real estate listed in the separate sheet (1) (hereinafter “instant real estate”), the registration of ownership transfer was made under the name of Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on August 30, 2012. On the same day, the registration of ownership transfer was made under the name of the International Trust Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on the ground of trust.

(2) On May 23, 2014, the Plaintiffs entered into a real estate sales contract with Nonparty trust company for the instant real estate through a public sale procedure, and completed each registration of ownership transfer for each of the instant real estate one-half shares among the instant real estate under the receipt of Suwon District Court Seosung District Court 84403 on May 29, 2014.

(3) Meanwhile, the Defendants were occupying and using the instant real estate from September 7, 2012 to the end of the instant pleadings.

On the other hand, the monthly rent is KRW 500,000 for the instant real estate at the time of the conclusion of the pleadings.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

B. According to the above fact-finding, barring any special circumstance, the Defendants are obligated to deliver the instant real estate to the Plaintiffs, the owner of the instant real estate, and to return unjust enrichment in proportion to the amount of KRW 500,000 per month from May 30, 2014, the following day after the Plaintiffs acquired the ownership of the instant real estate, to the completion date of delivery of the said real estate.

2. Judgment on the defendants' assertion

A. The summary of the Defendants’ assertion (1) is the lessee who entered into a lease agreement on the instant real estate with the Nonparty Company on August 1, 2012, and has a legitimate title to possess and use the instant real estate.

(2) The Defendants cannot deliver the instant real estate to the Plaintiffs prior to the refund of the lease deposit amount of KRW 20 million with respect to the instant real estate.

B. First of all, the Defendants were at the time of August 1, 2012.

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