beta
Text
1. The defendant delivers the building indicated in the attached list to the plaintiff, and the building indicated in the attached list from January 8, 2016 to the plaintiff.
Reasons
1. On June 23, 2015, the Plaintiff purchased at KRW 4,316,00,000, seven houses of the window of Changwon-si, including the real estate listed in the attached list (hereinafter “instant real estate”) from Non-Party D real estate trust Co., Ltd., and completed the registration of ownership transfer on January 8, 2016.
The Defendant occupied the instant real estate before the Plaintiff completed the registration of ownership transfer concerning the instant real estate.
As a result of the appraisal of the same area as the instant real estate on January 1, 2016, the amount equivalent to the rent without the base deposit was calculated as KRW 2,66,660 per month.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The gist of the parties’ assertion 1) Since the Defendant without title occupies the instant real estate owned by the Plaintiff, it is obligated to deliver it to the Plaintiff and return unjust enrichment equivalent to the rent. 2) The Defendant is the Defendant’s occupation assistant holding the claim for construction cost of KRW 325,00,000 in relation to the instant real estate to E Co., Ltd. (hereinafter “E”) in relation to the instant real estate, and is under the exercise of the right of retention, and thus, there is no obligation to deliver the instant real estate to
B. According to the statement in the evidence No. 1-1-3 of the certificate No. 1-3, E was the executor of a project that constructs a tenement house (hereinafter “the instant tenement house”) at the window of Changwon-si, including the instant real estate, and the construction of the instant apartment house was directly conducted by the defaulted taxpayer around 2008. The construction of the instant apartment house was directly conducted by the defaulted taxpayer around 2008. E and the Defendant assistant intervenor entered into a subcontract for construction of the instant real estate around June 23, 2009. The Defendant assistant intervenor was the trustee of the instant real estate as of June 1, 2015.