(영문) 대전지방법원 2017.10.18 2017가단206332

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(영문) 대전지방법원 2017.10.18 2017가단206332

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

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

(b) Nos. 1-A from March 13, 2017

(b).

Reasons

1. Facts of recognition;

A. With respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the comprehensive natural construction (hereinafter “natural comprehensive construction”) completed the registration of ownership preservation on April 13, 2007, and on the same day, it completed the registration of ownership transfer based on the trust to the Multilater Real Estate Trust Co., Ltd. (hereinafter “Iol Trust”).

B. The Plaintiff purchased the instant real estate in the public sale procedure and paid the sales price on January 24, 2017, and completed the registration of ownership transfer on March 14, 2017.

C. Around December 9, 2008, the Defendant completed the move-in report of the instant real estate and occupied the instant real estate while residing in the instant real estate from that time to the date of closing of argument.

The monthly rent of the instant real estate from March 14, 2017 to the time of the closing of the instant argument is KRW 450,000.

[Ground of recognition] A without dispute, Gap evidence 1 through 3, 5 through 7, Eul evidence 2, appraiser C's appraisal result, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to deliver the said real estate to the Plaintiff, the owner of the instant real estate, and return the amount calculated by the ratio of KRW 450,000 per month, which is the monthly rent from March 14, 2017 to the completion date of delivery of the said real estate, to the unjust enrichment.

3. Judgment on the defendant's assertion

A. The Defendant asserts to the effect that, on December 8, 2008, the lease contract was concluded with respect to the comprehensive natural construction and the instant real estate at KRW 35,00,000, and all of the lease deposit was paid after completing the move-in report at around that time, the Defendant cannot respond to the Plaintiff’s claim.

B. In the trust of real estate, if the registration of ownership transfer is completed in the future of the trustee, it shall be inside and outside the country.

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