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(영문) 인천지방법원 2018.06.20 2017가단29858
건물인도등
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the buildings listed in the annex;

B. 22,442,00 won and March 1, 2018

Reasons

1. Facts of recognition;

A. The building indicated in the attached Form (hereinafter “instant building”) is a sectionally owned building the registration of ownership preservation of which was completed on December 15, 2009 by D.

(Until now, the right to a site is not registered). On December 21, 2009, the Plaintiff purchased the instant building from D on December 21, 2009 and completed the registration of ownership transfer on December 28, 2009.

B. The Defendants’ husband and wife leased the instant building from E on April 29, 200 to KRW 15,000,000, and occupied and used the building since that time.

C. The amount equivalent to the rent from January 1, 2010 to December 31, 2016 of the instant building is KRW 19,195,00, the amount equivalent to the rent from January 1, 2017 to February 28, 2018 is KRW 3,247,844, and the amount equivalent to the rent from March 1, 2018 after March 1, 2018 is KRW 229,00 (= KRW 22,42,844 (= KRW 19,195,00 KRW 3,247,844) ¡À9, but less than KRW 98 months, and less than KRW).

[Ground of recognition] Evidence Nos. 1 and No. 1, and the contents of Evidence Nos. 1 and 1, the result of this court's entrustment of appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Plaintiff acquired the ownership of the building of this case on December 28, 2009. The Defendants jointly occupy and use the building of this case from December 28, 2009 to December 28, 2009 without the Plaintiff’s consent. Accordingly, the Defendants obtained the benefit of rent equivalent to the rent from January 1, 2010 sought by the Plaintiff until now, and the Plaintiff suffered damages equivalent to the rent.

Therefore, the Defendants are jointly obligated to jointly deliver the instant building to the Plaintiff, and to pay the amount equivalent to KRW 22,442,844 equivalent to the rent from January 1, 2010 to February 28, 2018 (= KRW 19,195,000) (= KRW 3,247,844), which the Plaintiff seeks, to pay to the Plaintiff 22,442,00 won (== KRW 229,00 per month x 98 months) and the amount equivalent to the rent calculated in the ratio of KRW 229,00 per month from March 1, 2018 to the delivery date of the instant building.

B. As to the Defendants’ assertion, the Defendants asserted by the Defendants are leased the instant building before the Plaintiff purchased the instant building.

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