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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From July 20, 2014, the above real estate is to be held.
Reasons
1. Determination as to the cause of claim
A. On March 21, 1984, the Plaintiff completed the registration of ownership transfer on the ground of sale on October 26, 1983 with respect to the apartment as indicated in the separate sheet (hereinafter “instant apartment”).
The Defendant is the Plaintiff’s mother.
The Plaintiff resided in the instant apartment from around 1983 to 1985, and from around 1987 to 2007 with the Plaintiff’s family members, the Defendant, and the deceased C (the husband of the Defendant).
After the death of the deceased C, the defendant lives in the apartment of the married person.
As the Plaintiff requires money due to its debt, etc., the Plaintiff requested the Defendant to pay money as the deposit money for the lease on a deposit basis for the instant apartment, and the Defendant refused this, and the Defendant sent the content-certified mail to the Defendant on July 7, 2014, and requested the Defendant to pay the deposit money for lease or deliver the instant apartment to the Plaintiff by July 20, 2014.
Since July 20, 2014, the monthly rent of the apartment of this case exceeds 1.5 million won.
[Ground of recognition] Facts without dispute, entry of evidence A1 and 5, result of a request for market price appraisal, purport of the whole pleadings
B. According to the above facts of recognition, the defendant had been living in the apartment of this case without compensation with the consent of the plaintiff, but the plaintiff withdrawn his/her consent to use without compensation from July 20, 2014.
Therefore, unless there are special circumstances, the defendant is obliged to deliver the above apartment to the plaintiff, the owner of the apartment in this case.
In addition, since July 20, 2014, the defendant occupied the apartment of this case owned by the plaintiff from July 20, 2014, obtained profit equivalent to the profit from the use of the apartment of this case, and thereby suffered loss equivalent to the same amount to the plaintiff. Therefore, the defendant is obligated to return it to
The defendant is obligated to pay to the plaintiff money calculated by the ratio of KRW 1.5 million per month that the plaintiff seeks within the scope of an amount equivalent to monthly rent from July 20, 2014 to the completion date of delivery of the above apartment.
2. The defendant's assertion