logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.03.26 2014가단41908
건물명도 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On August 30, 2012, an international asset trust company for registration of ownership preservation and security trust (hereinafter “international asset trust”) entered into a real estate security trust agreement with EP Construction Co., Ltd. (hereinafter “EP Construction”) on the real estate stated in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer on the same day.

B. On August 10, 2012, the Defendant entered into a lease contract with respect to the lease deposit of KRW 30 million, monthly rent of KRW 400,000,000, and the lease period from August 20, 2012 to August 20, 2015, and entered into a move-in report on November 23, 2012 in the column for the special terms and conditions of the instant lease contract with respect to the (Ga) housing of KRW 92.5 square meters (hereinafter “instant housing”).

C. On May 23, 2014, the Plaintiffs purchased the instant real estate and completed the registration of ownership transfer on May 29, 2014 in the public sale procedure conducted by the International Asset Trust. On the same day, the Plaintiffs completed the registration of ownership transfer under the name of the International Asset Trust by re-trusting the instant real estate to the International Asset Trust.

[Ground of recognition] Facts without dispute, Gap 1, 4 evidence, Eul 1, 2 and 5 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs’ assertion in collusion with AP Construction, concluded a lease agreement on the instant housing and occupied the instant housing without title. As such, the Defendant transferred the instant housing to the Plaintiffs, who are the owners of the instant housing, and as from May 30, 2014 to the completion date of delivery of the instant housing, the amount of KRW 40,000 per month is the unjust enrichment.

arrow