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(영문) 부산지방법원 2014.10.31 2014가단42611
건물명도 등
Text

1. The Plaintiff:

A. Of the real estate listed in the attachment, Defendant B No. 203, Defendant C No. 204, Defendant C No. 302, and Defendant D No. 302, respectively.

Reasons

1. Facts of recognition;

A. On October 7, 2010, the Plaintiff purchased real estate listed in the attached Form (hereinafter “instant real estate”) from G and H as co-owners.

In the process of transferring ownership, the Plaintiff completed the registration of ownership transfer on March 12, 2014 by obtaining a favorable judgment through a lawsuit.

B. On July 6, 2012, the Plaintiff received the decision of Busan District Court Decision 2012Kadan6406 on the provisional disposition prohibiting the disposal of real estate, and the registration of provisional disposition was completed on the same day.

C. The Defendants, as indicated in Section 1(a) of the Disposition No. 1 from I and H, leased and occupied each of the units of the instant real estate, and Defendant B completed the move-in report on August 14, 2013, and Defendant E concluded a lease contract on March 5, 2013, and the remainder of the Defendants concluded a lease contract after the decision on the prohibition of real estate disposal was rendered.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, and 3, the purport of the whole pleading

2. Determination

A. Since both the date of the move-in report of Defendant B and the date of the lease contract of Defendant E with Defendant B and the date of the lease contract of Defendant E are after the registration of the provisional disposition prohibiting the disposal of real estate, the rights of lease of the Defendants cannot be asserted against the Plaintiff against the effect of the prohibition of the disposal of the above provisional disposition. Therefore, the Defendants are obliged to deliver each leased portion of the real estate of this case to the Plaintiff and return

As to the amount of unjust enrichment to be returned by the Defendants, the amount of profit from the possession and use of real estate in ordinary cases is the amount equivalent to the rent of the real estate. According to the statements in the evidence No. 3-1 and No. 3, as of December 21, 2012, the rent of KRW 320,000 per month and the rent of KRW 300,000 per month as of March 1, 2013 can be recognized as the rent of KRW 320,000 per month as of December 21, 2012. Therefore, in the absence of a deposit, the monthly rent of KRW 10,000 per month is sought by the Plaintiff at least.

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