(영문) 광주지방법원 2019.12.20 2018나3133 | 리걸엔진

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(영문) 광주지방법원 2019.12.20 2018나3133

부동산인도 등

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1. Of the judgment of the first instance, the part against the defendant in excess of the following order of delivery and payment shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff acquired ownership by paying the sale price on September 7, 2017 in the voluntary auction procedure for real estate listed in the attached Table 1 list, and completed the registration of ownership transfer on September 18, 2017.

B. The Defendant, along with his spouse D, occupies the remainder (hereinafter “instant real estate”), excluding the size of 132 square meters in the part on the ship (A) connected in sequence 1,2,4, 5, and 3 real estate and the attached table 1, 2, 3, 4, 4, 5, and 132 square meters among the land in the attached table 1, 1, 2, 3, 3, 4, 5 and 1, and the fishery products processing facilities owned by D are located on the ground of

C. The Plaintiff, except for the instant real estate Nos. 2 among the instant real estate, reduced the claim portion for return of unjust enrichment on the No. 1 List 2 Building from the trial court.

The monthly rent from September 1, 2017 to August 31, 2019 of the remaining real estate shall be as follows:

From September 1, 2017 to August 31, 2018, multiplied by the ratio (650/782m2) of the area (782m2) other than the entire area (782m2) and the attached Form 2(a) (6,515,09, and 26,099 land (excluding the part of attached Form 2(a)) to non-high-speed 1 land from September 1, 2018 to August 31, 2019; 25,600 26,515,09 and 26,00 for each period (excluding the part of attached Form 2(a)) of the entire land; 31,900 m26,505,50 m26,530,631,636,50,000 m25,000) of the total area (782m2 and 13200 m25,13636.

2. Determination on the request for extradition

A. According to the above facts, the defendant is obligated to deliver the instant real estate to the plaintiff who is the owner. Thus, the defendant must deliver the instant real estate to the plaintiff.

B. As to the Defendant’s assertion, the Defendant asserts that the instant real estate occupies the Defendant, not the Defendant, D.

However, evidence No. 3-2, A.

유사 판례

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