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(영문) 서울북부지방법원 2017.07.11 2016나35145
건물명도 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On July 31, 2006, the 4th underground floor and the 12th ground-based building and apartment buildings (hereinafter “instant building”) were newly constructed on the 7th ground in Seoul Jung-gu G, H, I, J, K, K, L, and M’s total 7 lots of land.

B. On January 26, 2004, the Plaintiff entered into a sales contract with C Co., Ltd. to purchase the first floor No. 110 of the instant building (attached Form 1; hereinafter “instant building”) and its share in the site of the first floor No. 180 million won (land price of KRW 81 million, building price of KRW 99 million).

C. However, on September 12, 2006, the Plaintiff completed the registration of ownership transfer only with respect to the section for exclusive use of the commercial building of this case, and the share in the site for the commercial building of this case was not acquired.

From September 25, 2014, the Defendant occupied and used the instant shopping mall in the possession and use of the instant shopping mall in the name of “Omat” on the first floor of the instant building, including the instant shopping mall.

E. The amount equivalent to the rent of the instant commercial building is as follows.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 6, 7, Eul evidence 3 and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to deliver the commercial building of this case to the plaintiff unless he proves his right to possess the commercial building of this case, and pay the defendant's unjust enrichment equivalent to the rent from September 25, 2014 to the expiration date of the possession of the commercial building of this case or the date when the plaintiff loses his right to own the commercial building of this case from September 25, 2014, which is the date of the commencement of possession. 2) As to this, the defendant granted the plaintiff the right to manage the commercial building of this case, such as the conclusion of the lease contract, to the management body of the commercial building of this case explicitly or explicitly, and the defendant occupied and used the commercial building of this case according to the lease contract concluded with the management body of this case. Thus, the defendant

Section 1. However, the Corporation has set forth

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