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(영문) 인천지방법원부천지원 2016.11.10 2016가단106218
건물명도
Text

1. The defendant shall be the plaintiff.

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

(b) pay 3,000,000 won;

2...

Reasons

Comprehensively taking account of the respective descriptions and the purport of the evidence Nos. 1 through 4, the Defendant acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant apartment”) on Aug. 30, 2013; ② the Plaintiff purchased the instant apartment owned by the Defendant through the public sale process on Jan. 27, 2016 and completed the registration of ownership transfer on Feb. 22, 2016; ③ the fact that the Defendant occupied the instant apartment as of the date of the closing of argument; and ④ the fact that the amount equivalent to the rent of the instant apartment is 1,00,000 if there is no deposit, there is no dispute between the parties.

According to the above facts of recognition, the defendant is obligated to deliver the above apartment, since he occupies the apartment of this case owned by the plaintiff.

Furthermore, the Defendant gains unjust enrichment equivalent to the rent without any legal ground by occupying, using, and making profits from the above apartment without permission, and the Plaintiff suffered damages equivalent to the same amount. Therefore, the Defendant is obligated to return to the Plaintiff the amount equivalent to 3,00,000 won that the Plaintiff seeks from February 22, 2016 to October 6, 2016, which was the date of closing argument, among the amount equivalent to the rent equivalent to the rent from February 22, 2016, which was the date of closing argument.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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