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(영문) 의정부지방법원고양지원 2016.11.09 2015가단12461
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 6, 2005, Defendant B completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On October 25, 2012, the Plaintiff acquired ownership by winning a successful bid for the instant real estate.

C. Defendant C is the spouse of Defendant B, and Defendant D is the child.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading

2. The Plaintiff asserts that the Defendants, without title, possess the instant real estate owned by the Plaintiff without title, are obligated to deliver the instant real estate to the Plaintiff and pay unjust enrichment equivalent to the rent of the instant real estate from November 1, 2012.

The evidence Nos. 4 and 5 and the evidence Nos. 6 alone are not sufficient to recognize the fact that the Defendants currently occupied the instant real estate, or that the Defendants occupied and used the instant real estate after November 1, 2012, when the Plaintiff seeks return of unjust enrichment. Thus, the Plaintiff’s claim for this part of this case is without merit.

3. The Plaintiff asserts that the Defendants should compensate the Plaintiff for KRW 7,384,430, as the Defendants did not pay the total amount of KRW 7,384,430 during the period from June 201 to September 2016 with respect to the instant real estate, thereby causing losses to the Plaintiff.

In the case of management expenses incurred by the plaintiff prior to the acquisition of ownership of the real estate in this case, the plaintiff cannot be deemed to have suffered losses equivalent to the above management expenses unless there is any assertion or proof that the plaintiff paid them to succeed only to the management expenses concerning common areas.

(The Plaintiff can only claim reimbursement against Defendant B, the former owner after paying unpaid management expenses. In the case of management expenses incurred after the Plaintiff’s acquisition of ownership, the Defendants occupied the instant real estate as seen earlier.

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