logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.11.02 2017가단25201
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 24,843,000 and this shall apply thereto.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Real estate listed in the separate sheet (hereinafter “instant real estate”)

As to December 24, 2007, C Co., Ltd. (hereinafter “C”)

(2) On June 11, 2013, the registration of ownership transfer was completed in the name of the Plaintiff on June 10, 2013. (2) The Defendant is residing in the instant real estate from December 15, 2011 to December 15, 201.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. According to the above facts, the Plaintiff acquired the ownership of the instant real estate on June 11, 2013, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent from June 11, 2013 to the completion date of delivery of the instant real estate. 2) As to the amount of unjust enrichment.

In ordinary cases, the amount of profit from the possession or use of real estate is equivalent to the rent for that real estate. In full view of the purport of the result of an appraisal of rent for appraiser D in this court from June 11, 2013 to July 20, 2018, the rent for the real estate in this case is KRW 24,843,00 (=from June 11, 2013 to June 10, 2014; KRW 4,170,000 from June 11, 2014 to June 10, 2018; KRW 4,50,000 from June 11, 2018 to June 10, 2018; KRW 50,000 from June 11, 2015 to June 10, 2018; and KRW 10,000 from June 10, 2016 to June 10, 2017>

3) Therefore, the Defendant delivered the instant real estate to the Plaintiff, and the Defendant from October 5, 2018, on the day following the delivery of a copy of the briefs as of October 1, 2018, as well as KRW 24,843,00.

arrow