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(영문) 부산지방법원동부지원 2015.07.14 2014가단20396
건물인도 등
Text

1. The defendant shall appoint the plaintiff (appointed party) and the appointed party:

(a) deliver the buildings listed in the annex;

(b)14,558,000 won;

Reasons

1. According to the purport of Gap evidence No. 1-2 and the entire pleadings, the plaintiff (appointed party) and the designated parties acquired ownership after completing the registration of ownership transfer on September 2, 2014 due to sale and purchase on August 6, 2014 (hereinafter "the building of this case"), and the defendant has occupied and used the building of this case for residential purposes from November 6, 2009 to the present date.

2. The assertion and judgment

A. According to the above facts of recognition, the defendant is obligated to deliver the building in this case to the plaintiff (appointed party) and to return unjust enrichment equivalent to the rent from September 2, 2014 to the completion date of delivery of the building in this case. According to the appraiser C's appraisal result, the rent of the building in this case is 14,58,000 won from September 2, 2014 to May 6, 2015, and the next day is 1,784,000 won per month. Thus, the defendant is obligated to pay to the plaintiff (appointed party) and the appointed party the amount calculated at the rate of 14,58,00 won from May 7, 2015 to the completion date of delivery.

B. As to this, the defendant constructed the building extension work of this case under the direction of the D church, which is the former owner of the building of this case, and did not receive the price.

In addition, this case's building has the right to attract until the above construction cost or beneficial cost of KRW 100,000,000,000, since the building was improved by leasing the building from the above owner around 2010,000.

According to the records in Gap evidence Nos. 1-2 and 3, the fact-finding results and the whole purport of the arguments against the representative director of the Asian Trust Co., Ltd. in this court, the building of this case was originally owned by the D church and was entrusted to the Asian Trust Co., Ltd. in this case, and the Asian Trust Co., Ltd. in this case was entrusted to the D church on March 25, 201.

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