(영문) 서울중앙지방법원 2017.06.27 2016가단5171275

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(영문) 서울중앙지방법원 2017.06.27 2016가단5171275

건물명도

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. A. Around June 2004, Defendant C entered into a lease agreement between E and Defendant C with the owner of the real estate listed in the [Attachment List (hereinafter “instant housing”) and the period fixed as 12 months from May 31, 2004, and the lease deposit amount as 465,140,000 won, and entered into an apartment lease agreement as of May 10, 2004.

(hereinafter “instant lease agreement”).

B. Around June 2004, Defendant C moved into the instant house which has not yet been completed, completed the resident registration on July 21, 2004, and obtained a fixed date on December 23, 2004.

Defendant D, the birth of Defendant C, completed the resident registration of the instant house on April 18, 2013, and immediately left the Republic of Korea and did not reside in the instant house.

C. As the disposition of public auction and the successful bidder E failed to pay taxes, the public auction procedure was commenced for the instant housing, and the Plaintiffs were awarded a bid for each of the 1/2 shares in the said procedure.

The Plaintiffs paid in full the sales price on June 24, 2016.

Defendant C demanded the distribution of the above lease deposit as a housing lessee in the above public sale procedure, but the fixed date was not distributed later than the prior right holder (the provisional attachment of F Co., Ltd. on August 26, 2004, and the right to collateral security of G Co., Ltd. on October 4, 2004).

[Reasons for Recognition] Uncontentious Facts, Gap 1-4 evidence, Gap 9 evidence, Eul 1-3 evidence, the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. For the following reasons, the Defendants cannot assert the opposing power of the instant lease for the following reasons, and the Defendants, the occupant of the instant housing, jointly, are obligated to deliver the instant housing to the Plaintiffs, who are the owners of the instant housing, and to pay to each of the Plaintiffs the amount of unjust enrichment equivalent to the rent, calculated at the rate of KRW 1.5 million per month from June 24, 2016 to the completion date of delivery of the instant housing.

① The instant lease agreement is concluded.

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