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(영문) 창원지방법원통영지원 2013.11.19 2013가단5618
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver each real estate listed in the separate sheet;

B. 5,567.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or are recognized by comprehensively taking account of each of the statements in Gap evidence 1-1, 2, and Eul-1 to 4, and the whole purport of the arguments entrusted to the appraiser C by this Court as a whole.

A. On June 4, 1942, the Defendant’s Sib network D (Chodong name: E) completed the registration of ownership transfer made on April 16, 1942 with respect to F 350 square meters (hereinafter “instant land”).

B. Around 1958, the Defendant’s spouse net G (Death on April 9, 2012) newly constructed each of the instant buildings on the instant land. Around 1985, the Plaintiff’s creditor and the Plaintiff’s father network H applied for compulsory auction on each of the instant buildings owned by the network G and completed the registration of ownership transfer due to auction on February 27, 1986, when he applied for compulsory auction under Msan District Court Assistance 85No846 at the time, and was awarded a successful bid on February 27, 1986, and completed the registration of ownership transfer due to the auction on February 27, 1986, and on May 26, 2005, the Plaintiff completed the registration of ownership transfer due to the inheritance by consultation and division on March 14, 200.

C. However, despite the above successful bid, the deceased G and their families have resided in each of the buildings of this case continuously, and the defendant currently occupies each of the above buildings.

The sum of the rent for each of the instant buildings from May 1, 2003 to October 14, 2013 is KRW 5,567,790, and the monthly rent from October 15, 2013 is KRW 44,360.

2. Determination

A. According to the facts of the above recognition as to the cause of the principal claim, the Defendant is obligated to deliver each of the instant buildings to the Plaintiff, and to pay the Plaintiff unjust enrichment equivalent to the rental fees in proportion to the total amount of unjust enrichment equivalent to the rental fees from May 1, 2003 to October 14, 2013, as sought by the Plaintiff, from October 15, 2013 to October 44, 2013, and from October 15, 2013 to the completion date of delivery of each of the instant buildings.

B. (1) The defendant's assertion as to the claim of the principal lawsuit and the cause of the counterclaim is determined (1). As to the defendant's assertion, the deceased G around December 1986.

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