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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) 30 million won and the same shall be applicable thereto.
Reasons
1. Basic facts
A. On August 28, 2009, the Plaintiff completed the registration of ownership transfer for real estate listed in the separate sheet (hereinafter “instant housing”) on August 21, 2009, based on sale as of August 21, 2009.
B. The Defendant completed the Plaintiff’s model C’s length, and the move-in report on January 13, 2014, and is currently residing in the instant housing until now.
C. The rent for each term of the instant housing is KRW 9,460,000 for each period from January 13, 2014 to January 12, 2015, and KRW 9,546,00 for each period from January 13, 2015 to January 12, 2016, and KRW 9,632,00 for each period from January 13, 2016 to January 12, 2017, and KRW 6,498,00 for each period from January 13, 2017 to August 31, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the result of appraiser D's appraisal of rent, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the house of this case to the plaintiff, and return the defendant's unjust enrichment equivalent to the rent from the occupancy date of this case to the completion date of delivery.
Furthermore, as to the scope of unjust enrichment, according to the health team and the result of the appraisal of rent, the sum of rent for each period from January 13, 2014 to March 14, 2017 of the instant house is recognized as 30,242,00 won for each period until January 12, 2017, and the annual rent of 9,761,000 won from January 13 to March 14, 2017 (60 days). The monthly rent as of August 31, 2017 is confirmed as 813,416 won (=9,761,000 won ±12 months).
Therefore, the Defendant is obligated to pay to the Plaintiff money calculated by the ratio of 30 million won per month from January 13, 2014 to March 14, 2017) and 800,000 won per month from March 15, 2017 to the completion date of the instant housing road within the scope sought by the Plaintiff as unjust enrichment.
3. The Defendant asserts that C was the title trust of the instant house to the Plaintiff.
Any person registered as an owner of real estate shall be lawful.