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(영문) 대전지방법원 2019.04.09 2018나109385
지료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff’s real estate listed in the attached Table 1 (hereinafter “instant land”).

(2) Of C’s co-ownership share 561/15 and E’s co-ownership 374/15 (a total of 15015/15 of co-ownership) the registration of ownership transfer was completed on the ground of “sale by compulsory auction on November 3, 2011,” under Daejeon District Court Daejeon District Court’s receipt of No. 79604 on November 29, 201, as the Daejeon District Court’s receipt of No. 79604, supra. 2) the Defendant completed the registration of ownership transfer on the instant land by reason of 50/88 of F owned shares and 2’s real estate listed in the attached list of F owned shares (hereinafter “instant building”) as of July 23, 2013, Daejeon District Court, Daejeon District Court’s receipt of No. 43152, Jul. 23, 2013.

(C) From November 3, 2011 to August 2, 2017, the Plaintiff acquired ownership in the process of compulsory auction, the rent of KRW 9,285,95, and the rent of KRW 142,842 on August 3, 2017. Specific details are as follows: (i) monthly rent of KRW 15,66,036,036, and 15,000,000 from November 1, 201 to 205; (ii) monthly rent of KRW 15,00; and (iii) number 15,00,000 from November 3, 201 to 15; and (iv) number 15,000,000 from November 1, 201, 206 to 15, 2015; and (iii) number 15,000,000 from November 3, 2012 to 15.

B. According to the above facts of recognition, since the defendant owned the building of this case and occupied and used the land of this case, it constitutes the plaintiff's share of ownership in the amount equivalent to the rent of the land of this case with unjust enrichment, and the plaintiff is obligated to pay the money stated below 1 and 2

(1) From November 3, 2011 to August 2, 2017, the amount equivalent to the rent shall be 9,258,95 won.

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