(영문) 서울북부지방법원 2016.10.20 2015가단131144

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(영문) 서울북부지방법원 2016.10.20 2015가단131144

건물명도

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1. The defendant shall deliver to the plaintiffs the real estate stated in the separate sheet.

2. The defendant is against the plaintiffs:

(a) 4,202.

Reasons

1. Determination as to the cause of claim

A. (1) On July 14, 2014, the Plaintiffs purchased 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) from D and completed the registration of ownership transfer thereof on August 28, 2014.

(2) The Defendant has occupied the instant real estate from August 28, 2014 to the present date.

(3) On or after August 28, 2014, the rent of the instant real estate is KRW 660,000 per month, and the Plaintiffs paid KRW 1,144,780 on behalf of the Defendant, from August 28, 2014 to July 28, 2015, which the Defendant had to pay.

[Ground of recognition] Facts that there is no dispute or no explicit dispute, Gap evidence No. 1-1, Gap evidence No. 4, and 5, the purport of the whole pleadings

B. According to the above facts finding, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and pay each of the 4,202,390 won (7,260,000 won for rent from August 29, 2014 to July 28, 2015, and the amount of 8,404,780 won, which is the sum of 1,14,780 won for the pertinent period for which the Plaintiffs paid on behalf of the Plaintiffs, and 1/2 for each of them, calculated at the rate of 15% per annum from July 29, 2015 to the day of complete payment, as calculated at the rate of 30,00 won per month from July 29, 2015 to the day of complete delivery of the instant real estate and the amount of unjust enrichment calculated at the rate of 15% per annum from July 29, 2015 to the day of completion of delivery of the instant real estate.

2. Judgment on the defendant's assertion

A. On June 4, 2013, the Defendant asserted that the construction work of interior interior interior interior interior interior interior interior interior interior of the building, including the instant real estate, was completed by obtaining a subcontract from the Berne General Construction Co., Ltd. (hereinafter “Berne Construction”), which was delegated by D (the former owner of the instant real estate), the owner of the building, but was not paid part of the construction cost.

Between D and D, the Vietnam Construction Act leases the real estate of this case in KRW 150 million.

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