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(영문) 광주지방법원목포지원 2015.10.06 2014가단53781
건물명도
Text

1. The defendant shall be the plaintiff.

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

B. From August 8, 2014, Ga.

subsection (b).

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. 1) On August 8, 2014, the Plaintiff is entitled to the instant apartment on the following grounds: (a) the real estate listed in the separate sheet (hereinafter “instant apartment”).

(2) The Defendant currently occupies the instant building in the auction procedure.

3) Monthly rent of KRW 375,00 for the instant apartment from August 8, 2014 to May 20, 2015 is KRW 375,00 for the instant apartment. [Grounds for recognition] In the absence of dispute, Gap evidence Nos. 3, 4, 6, and 10 (including serial numbers); Eul evidence Nos. 1-2, 5-1 through 6; Eul evidence Nos. 1-2, 5-1, and 5-6; the result of an entrustment of the appraisal of rent for the future appraisal corporation of the instant court; the purport of the entire pleadings

B. Determination 1) Unless there exist special circumstances, the Defendant is obligated to deliver the instant apartment to the Plaintiff seeking the exclusion of disturbance as the owner of the instant apartment. Moreover, the Defendant is obligated to pay the Plaintiff the amount calculated at the rate of KRW 375,00,000, which is the monthly rent, from August 8, 2014 that the Plaintiff acquired the Plaintiff’s ownership due to the Defendant’s unlawful possession and use of the instant apartment, from August 8, 2014 to the completion date of delivery of the instant apartment. Furthermore, the Plaintiff filed a claim for return of unjust enrichment at the rate of KRW 590,00 per month exceeding the above monthly rent, but there is no evidence to acknowledge the rent exceeding the above KRW 375,00, and the Plaintiff’s claim for this part is rejected.

2. Judgment on the defendant's defense

A. From July 13, 1990, the defendant completed the resident registration transfer report with the husband C, who was the former owner of the apartment in this case, and started to live in the apartment in this case. The auction procedure for the apartment in this case was conducted on February 20, 1999, and D purchased and owned the apartment in this case at the above auction procedure, and the defendant leased the apartment in this case from D on November 27, 199, with the deposit amount of KRW 30 million,000,000, and the lease period of the above lease was set at two years.

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