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1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and from December 23, 2015, the said real estate.
Reasons
Basic Facts
Attached Form
On November 13, 2001, the registration of ownership transfer for the real estate indicated in the list (hereinafter “instant real estate”) was completed on November 13, 2001, and on November 12, 2001. On the same day, the registration of ownership transfer was completed on the ground of the sale as of November 12, 2001, and the debtor C, the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), the maximum debt amount of KRW 120 million was completed.
After that, on January 17, 2005, the registration of transfer of ownership was completed on the ground of sale as of January 15, 2005 in the Plaintiff’s future, and the registration of change of the right to collateral security changed from C to the Plaintiff on the ground of the acquisition of the contract as of February 3, 2005.
The defendant is residing in the real estate of this case from October 15, 2004.
The rent for the instant real estate is KRW 565,000 per month as of December 31, 2016, as of December 31, 2016.
【In light of the fact that there is no dispute, Gap evidence Nos. 1 and 2, the result of the appraiser D’s appraisal entrustment by this court, and the cause of claim as a whole, the defendant is obligated to deliver the real estate of this case to the plaintiff who is the owner, barring any special circumstances. As the plaintiff seeks, the defendant is obligated to pay as unjust enrichment the amount calculated at the rate of KRW 565,000 (the rent for the real estate of this case is KRW 565,00 per month as of December 31, 2016) from December 23, 2015 to December 31, 2016, which is the day following the delivery date of a copy of the complaint of this case, to the day of delivery of the real estate of this case. The rent for the real estate of this case is confirmed to be the same amount as at the time of the closing of the argument
The real estate of this case asserted by the defendant as to the defendant's assertion is merely a trust of the name of the registration to C while the defendant's attached E purchases from the seller F.
The defendant who has been permitted to possess from E who is the actual owner shall have a legitimate possessory power over the real estate in this case.
. Determination.