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(영문) 춘천지방법원 2016.05.12 2014가단35214
건물명도
Text

1. The Plaintiff:

A. Defendant B shall have real estate listed in the separate sheet, Defendant C, and E, listed in the separate sheet, 3 real estate.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of the entries of Gap evidence 1-1-3, Gap evidence 4-1-9, Gap evidence 5, and the whole purport of the pleadings as a result of a request for a fee appraisal with respect to a national appraisal corporation, and there is no counter-proof.

On July 30, 2014, the Plaintiff paid the sale price for each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) in the FVoluntary Auction case at the Chuncheon District Court. On August 6, 2014, the Plaintiff completed the registration of ownership transfer on August 6, 2014.

B. On August 23, 2010, Defendant B filed a move-in report with respect to 1 real estate listed in the separate sheet (hereinafter “the instant real estate”) and Defendant C filed a move-in report with respect to 1 real estate on July 3, 2012, and Defendant D filed a move-in report with respect to 2 real estate listed in the separate sheet (hereinafter “instant third real estate”) on December 10, 2013, and Defendant E filed a move-in report with respect to 3 real estate listed in the separate sheet (hereinafter “instant third real estate”) on December 5, 2013.

C. Defendant B occupies the first real estate, and Defendant D occupies the second real estate of this case, and Defendant C and E occupy the third real estate of this case.

The monthly rent of KRW 300,000 per month for the first real estate and the second real estate from July 30, 2014, and the monthly rent of KRW 306,670 from July 30, 2014 is KRW 306,670 per month.

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion that the Defendants possessed each of the instant real estate owned by the Plaintiff. As such, the Defendants transferred the instant real estate possessed by the Defendants to the Plaintiff, and Defendant B and D are liable to pay unjust enrichment equivalent to the amount of rent in proportion to KRW 300,00 per month from July 30, 2014 to the completion date of each delivery, and Defendant C and E are liable to pay unjust enrichment at the rate of KRW 306,670 per month.

B. According to the above facts of recognition, the defendants are owned by the plaintiff.

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