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(영문) 춘천지방법원속초지원 2016.05.24 2015가단3251
부동산인도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The Defendant’s KRW 8,056,00 and March 2, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 7, 2014, the Plaintiff awarded the instant real estate bid at the auction procedure (hereinafter “instant auction procedure”) conducted under the territorial branch C or D (dupl) of the Chuncheon District Court, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on January 7, 2014, and completed the registration of ownership transfer on January 8, 2014.

B. On February 13, 2013, the decision to commence voluntary auction on the instant real estate was made, and the Defendant, on August 14, 2013, on which the instant auction procedure was in progress, filed a lien on the instant real estate by asserting that there was a claim for construction cost equivalent to KRW 55 million against E, the former owner of the instant real estate, and currently occupied the instant real estate.

C. Meanwhile, rent of the instant real estate from January 18, 2014 to March 7, 2016 is KRW 8,056,000, and rent thereafter is KRW 314,000 per month.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 5 and 9, appraiser F's appraisal result, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, and to pay the amount equivalent to the rent from January 8, 2014 to March 7, 2016, as sought by the Plaintiff, after the Plaintiff acquired the ownership of the instant real estate due to unjust enrichment, at the rate of KRW 8,056,00,00, from March 8, 2016 to March 8, 2016, and at the rate of KRW 314,00,000, as claimed by the Plaintiff.

B. As to the Defendant’s assertion, the Defendant concluded a contract on construction of multi-households, including the instant real estate, with E, and completed the said construction work on or around June 2012. However, the Defendant occupied the instant real estate from October 2012 as it did not receive construction payment of KRW 55 million, and accordingly, asserted that the Defendant acquired a lien on the instant real estate. 2) The Defendant is owned by the obligor.

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