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(영문) 제주지방법원 2016.05.13 2014가단7666
건물명도 등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd, D, and K are 24,00,000 won, each of Defendant B, C, E, F, G, H, H, I, J, L, and M.

Reasons

Basic facts are specified by the sequences in the separate sheet or the number of units of each section for exclusive use listed in the separate sheet (hereinafter referred to as “each of the instant buildings”), and the Jeju District Court’s NAN real estate auction procedure (hereinafter referred to as “auction case”) concerning each of the instant buildings (hereinafter referred to as “each of the instant buildings”) completed the registration of ownership transfer on November 20, 2012 after being awarded a successful bid for each of the instant buildings on November 6, 2012.

At present, among each of the buildings of this case, Defendant A Co., Ltd., Defendant B, and Defendant C, 501, 502, Defendant E, and F, 702, Defendant G, and H, 802, Defendant G, and J, 902, Defendant K K 102, Defendant L, and 1101 respectively.

[Reasons for Recognition] In the absence of dispute, Gap evidence 1-1-8, Eul evidence 5-2, each entry and video of Eul evidence 1-5, and the result of the on-site inspection by this court, the purport of the whole pleadings and the defendants of the plaintiff's assertion in the judgment are occupying and using each of the above buildings without any title to occupy each of the above buildings.

Therefore, the Defendants are obligated to deliver to the Plaintiff, who is the owner of each of the instant buildings, the part owned by each of the instant buildings, and to return unjust enrichment equivalent to the rent from November 6, 2012 to the completion date of delivery, which the Plaintiff acquired ownership of each of the instant buildings.

On November 6, 2012, the Plaintiff acquired ownership of each of the instant buildings on November 6, 2012, and the fact that the Defendants possessed each of the instant respective parts of the building is recognized as above.

Therefore, barring any special circumstance, the Defendants are obligated to deliver to the Plaintiff parts of the building possessed by themselves, and return unjust enrichment equivalent to the rent from the date the Plaintiff acquired ownership to the date the delivery of each building is completed.

Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) presented the summary of the Defendants’ defense on January 29, 2007.

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