(영문) 서울중앙지방법원 2016.06.28 2014가단203685

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.06.28 2014가단203685

부당이득금반환 등

Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and deliver the said real estate from November 15, 201.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on November 9, 201 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendant is residing in the instant real estate from November 15, 201.

B. Since November 15, 201, the monthly rent of the instant real estate is KRW 410,000,000.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1, Results of an entrustment of appraisal of rent to C appraiser's offices (D) by this Court, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is ratified to deliver the instant real estate to the Plaintiff, barring special circumstances. From November 15, 2011 to the completion date of delivery of the said real estate, the rent after the date of the closing of argument in the instant case shall be the same amount as before the transfer.

410,000 won per month shall be liable to pay unjust enrichment equivalent to the amount of rent.

3. The defendant's assertion argues that the plaintiff is entitled to refuse the claim of this case before receiving KRW 65,00,000 from the plaintiff, as the transferee of the real estate of this case, since the plaintiff succeeded to the status of the lessor as the transferee of the real estate of this case.

In addition, the defendant asserts that the transfer registration of ownership in the name of the plaintiff was completed as a security for transfer against the plaintiff of F for compensation for damages and loan obligations against the plaintiff of F, or is null and void because it was completed by an intermediate omission type title trust registration between the plaintiff, F, and E, and therefore, the plaintiff has no title as the owner entitled to make the claim

According to the above evidence and evidence Nos. 1 through 4, the Plaintiff purchased the instant real estate from E on August 29, 201 and completed the registration of ownership transfer on November 9, 201.

유사 판례

-서울동부지방법원 2015.09.01 2014가단39689

-서울북부지방법원 2018.11.30 2018가단126563

-서울중앙지방법원 2016.04.12 2014가합29303

-수원지방법원안양지원 2013.07.03 2012가단21438

-전주지방법원 2017.10.11 2017가단15401