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(영문) 수원지방법원 2013.04.16 2012가단50199
손해배상(기)
Text

1. The Defendant (Appointed Party) and the appointed parties are each Plaintiff

(a)each of the annexed Schedules 1 to 3, 9 to 14.

Reasons

1. Facts of recognition;

A. On December 16, 2011, the Plaintiff acquired ownership in full and in a voluntary auction procedure for each apartment (hereinafter “the instant apartment”) listed in the separate sheet among each apartment (hereinafter “the entire apartment of this case”) as indicated in the separate sheet for 4,5,6,7, and 8 apartment (hereinafter “the instant first apartment”). On June 15, 2012, among the entire apartment of this case, the Plaintiff acquired ownership in full and acquired ownership in the auction procedure for the remaining apartment except the instant first apartment (hereinafter “the instant second apartment”).

B. Of the entire apartment in the instant case, 2, 3, and 11 apartment units indicated in the separate sheet are 6.726 square meters in exclusive use area, and the remaining apartment units are 69.9739 square meters in exclusive use area. The Plaintiff sold the instant first apartment unit on October 30, 2012.

C. The Defendant (Appointed) and the designated parties (hereinafter collectively referred to as “Defendants”) have occupied the entire apartment of this case by asserting a lien before the Plaintiff acquired ownership.

As of December 19, 201, the rent for the entire apartment in the instant case was KRW 10 million, the exclusive use area of KRW 69.9739 square meters per month, and the exclusive use area of KRW 530,000 per month was assessed as KRW 50,000 per month.

[Grounds for Recognition: Unsatisfy, Gap 4, 6, 7, 15, the purport of the whole pleadings]

2. Determination on the cause of the claim

A. The Defendants are obligated to deliver the instant secondary apartment jointly possessed by each of the Defendants to the Plaintiff, the owner of India and the portion of the claim for rent.

In addition, the damages incurred by the Defendants by illegally occupying and using the entire apartment of this case are damages. In the case of the first apartment of this case, the total amount equivalent to the rent for the ten-month period from December 16, 201 to October 29, 2012, which is the period of the Plaintiff’s possession, shall be KRW 2.5 million [= KRW 2.5 million per month = KRW 5,650,000 x KRW 5350,00 x 5 x 10 months, and the Plaintiff shall claim the rent for the entire apartment of this case.

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