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1. The defendant shall pay 17,596,600 won to the plaintiff and 15% per annum from August 4, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is an owner of 949 square meters in Ansan-si (hereinafter “instant land”).
B. On February 19, 1981, the Defendant constructed a cement brick string roof warehouse (hereinafter “instant building”) on the ground of 133 square meters of the instant land (hereinafter “instant occupied land”) and completed registration of ownership preservation. On January 3, 2006, the Defendant concluded a sales contract with Nonparty D on the instant building.
C. On July 27, 2011, the Plaintiff filed a lawsuit against Nonparty D seeking the removal of the instant building from the instant building, the removal of the instant building from the Defendant, and the transfer of the possessed land (the case of removal of buildings, etc. which is KRW 2011Gadan11714, etc. which is KRW 2011Gang District Court, hereinafter “instant removal lawsuit”) and rendered a favorable judgment on February 1, 2012, and the said judgment became final and conclusive around that time.
The Defendant filed a lawsuit against Nonparty D seeking the acquisition of ownership transfer registration of the instant building (Yan District Court Decision 2017Kadan297Gadan297) and rendered a favorable judgment on May 26, 2017, and completed the registration of ownership transfer with Nonparty D on August 3, 2017.
E. From July 27, 201, the date of the instant removal lawsuit concerning the land occupied by the Defendant, the sum of the rents from July 27, 2011 to August 3, 2017, from the date on which the Defendant completed the acquisition of ownership transfer registration with respect to the instant building to Nonparty D. is KRW 17,597,00.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1 through 6, Eul evidence 6 and 7, appraiser E's appraisal result, the purport of the whole pleadings
2. Determination:
A. If so, barring any special circumstance, the Defendant was the owner of the instant building from July 27, 201, which was the date of the instant removal lawsuit, to August 3, 2017, which was the date on which the Defendant completed the acquisition of ownership transfer registration regarding the instant building from July 27, 201, to August 3, 2017, and returned unjust enrichment equivalent to the rent to the Plaintiff, and the promotion of litigation following the Plaintiff’s claim.