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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
(b) KRW 13,118,460 and this shall be applicable thereto.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant house”).
B. On March 1, 2008, the Defendant was appointed as a teacher of the B elementary school attached to the Plaintiff, and began to occupy and use the instant house with the consent of C, the principal of the B elementary school.
C. On February 28, 2011, the Defendant: (a) retired from office as a teacher; (b) served as a fixed-term teacher at B elementary school; and (c) served on February 28, 2014.
Accordingly, on March 1, 2015, the Plaintiff demanded the Defendant to deliver the instant house by July 31, 2015, and the Defendant consented to the said demand.
However, the defendant continuously occupies and uses the house of this case despite the plaintiff's repeated request for delivery.
E. The rent in a state with no deposit for the lease on the instant housing is the sum of KRW 13,118,460 during the period from August 1, 2015 to June 30, 2017. As of June 29, 2017, the rent is KRW 612,470 per month as of June 29, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, result of a request for appraisal of fees to appraiser D by this court, purport of the whole pleadings
2. According to the judgment and the above facts of recognition, the Defendant, from August 1, 2015, occupied and used the instant house without any legal cause, obtained benefits equivalent to the rent by occupying and using the instant house. Accordingly, the Plaintiff suffered damages equivalent to the rent.
Therefore, the Defendant, as the owner of the instant housing, delivers the instant housing to the Plaintiff seeking the removal of interference and the return of unjust enrichment, and the amount equivalent to the rent of KRW 13,118,460 for the instant housing from August 1, 2015 to June 30, 2017, calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 17, 2017 to the date of complete payment, as sought by the Plaintiff, as well as the delay damages calculated at the rate of KRW 612,470 for each month from July 1, 2017 to the date of completion of delivery of the instant housing.