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(영문) 서울남부지방법원 2017.02.15 2016나50295
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

2. The defendant shall be the plaintiff.

(a) the real estate listed in the separate sheet;

Reasons

1. Basic facts

A. The Plaintiff was awarded the instant real estate in the Seoul Southern Southern District Court DD Auction Procedure (hereinafter “instant auction procedure”) that commenced with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of ownership transfer on the same day.

B. On March 2012, the Defendant occupied and used the instant real estate until now after completing the lien report in the above auction court.

C. From March 6, 2015 to December 31, 2016, an appraiser of KRW 38,388,190 calculated the monthly rent from March 1, 2015 to February 29, 2016 (i.e., monthly rent of KRW 1,576,66, and fixed rent of KRW 18,920,00. From March 1, 2016 to December 14, 2016 to KRW 1,972,66, and KRW 18,66,00 for KRW 1,666, KRW 18,63,00 for KRW 168,00 for KRW 168,00 for KRW 166,00 for KRW 36,00 for KRW 166,00 for KRW 18,63,00 for KRW 166,00 for KRW 36,06,00 for KRW 36,00 for KRW 1636.3

Since January 1, 2017, monthly rent is KRW 1,972,666.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, each entry of Eul evidence 2, appraiser F's appraisal result, the purport of the whole pleadings

2. Determination on the claim for the surrender of a building

A. According to the above facts, the defendant, the possessor of the real estate of this case, is obligated to deliver the real estate of this case to the plaintiff, the owner of the real estate of this case, unless he proves the legitimate possessory power.

B. (1) The Defendant’s assertion regarding the Defendant’s right of retention defense (1) removed, on April 3, 201, from C, the former owner of the instant real estate, the living room, windows, poles, and multi-use rooms of the instant real estate.

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