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(영문) 수원지방법원안산지원 2017.07.05 2016가단68338
부당이득금
Text

1. The Plaintiff, Defendant A, and Defendant B, KRW 28,445,516, and KRW 2,988,60 for each of the said money and each of the said money from December 21, 2016 to July 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff acquired ownership on April 22, 2016 after selling the instant factory in the auction procedure on the first floor of the second floor, the second floor, and the second floor, the second floor, and the second floor (hereinafter “instant factory”) in Ansan-si Co., Ltd. (hereinafter “C”) owned by Ansan-si Co., Ltd., Ltd. (hereinafter “C”).

B. The Plaintiff applied for an order of delivery of the instant factory against C and commenced its execution after receiving the acceptance of the acceptance on May 27, 2016, but the Defendant A, the representative director of the Defendant C, was not executing the delivery on the ground that he/she was using part of the first floor and second floor office of the instant factory from December 7, 2015 through the sub-lease contract with E, the lessee.

C. The Plaintiff filed an application against Defendant A for the delivery order on the part of the first floor of the instant factory on August 16, 2016 and delivered it by Defendant A on October 10, 2016. However, Defendant B was registered as a resident in the instant factory and kept the remainder of the second floor office of the instant factory (in the order of each point in attached Form 1, 22, 4, 3, and 1, 1/2 of the area of the second floor), and thus, did not execute the above part.

The Plaintiff filed an application against Defendant B for an order of delivery on the above part, and completed the enforcement on November 14, 2016 upon receipt of the decision of acceptance on October 31, 2016.

E. The monthly rent of the instant factory is KRW 4,610,000 on the first floor, and KRW 879,000 on the second floor, from the time the Plaintiff acquired the ownership of the instant factory to the time of such delivery.

[Reasons for Recognition] A without any dispute, entry of Gap 1, 3-6, and 8 (including virtual numbers), each entrustment of appraisal to the F appraiser's office (G) of this Court, a significant fact, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the whole of the first floor and the second floor offices of the factory of this case are 1/2.

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