(영문) 전주지방법원 2016.11.10 2015나8554 | 리걸엔진

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(영문) 전주지방법원 2016.11.10 2015나8554

손해배상(기)

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on April 17, 2013 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) registered as owned by B (hereinafter “instant apartment”) on the ground of sale as of March 14, 2013.

B. On May 27, 2012, the Defendant concluded a lease agreement with C (hereinafter “instant lease agreement”) with the lessee, lessor, C, deposit 15,000,000 won, monthly rent 200,000 won, and the lease period from May 27, 2012.

The defendant has resided in the apartment of this case until now.

C. The Plaintiff filed a lawsuit against the Defendant for the surrender of the instant apartment with the Jeonju District Court’s Gunsan Branch 2013Kadan13516, and filed a claim for the surrender of the instant apartment. The Plaintiff won the entire judgment in the said lawsuit and the judgment became final and conclusive on July 31, 2014.

The rent from April 17, 2013 to March 8, 2015 of the instant apartment is KRW 3,663,00, and the monthly rent as of March 8, 2015 is KRW 162,504.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the result of the commission of appraisal of rent to appraiser D by the court of first instance, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The purport of the Plaintiff’s assertion is that the Defendant concluded the instant lease agreement with C without the right to lease the instant apartment, and without permission occupied the instant apartment owned by the Plaintiff, and the Defendant is obligated to pay the Plaintiff the amount calculated by the ratio of KRW 425,000 per month from the date of acquiring the Plaintiff’s ownership to the date of delivery of the instant apartment from the date of acquiring the Plaintiff’s ownership (=15,000,000 x 1.5% per month of the instant lease agreement) as damages to the Plaintiff.

B. According to the above facts of recognition, the defendant occupies the apartment house of this case owned by the plaintiff without title. Thus, barring any special circumstance, the plaintiff suffered from the possession of the real estate of this case.

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