beta
Text
The Defendant, as the Plaintiff
(a) deliver the real estate listed in the separate sheet;
B. 5,980,080 Won and its equivalent October 2020
Reasons
1. Facts of recognition;
A. On July 12, 2019, the Plaintiff acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant apartment”) in the public sale procedure.
B. The Defendant started to occupy and use the instant apartment before the Plaintiff acquired the ownership of the instant apartment from a person who was the 1/2 owner of the instant apartment, and has occupied and used the instant apartment until the date of closing argument in the instant apartment.
C. Under the absence of deposit, the amount equivalent to the monthly rent for the instant apartment from July 12, 2019 to July 11, 2020 is KRW 498,340 per month, and the amount is KRW 690,90 per month from July 12, 2020 to October 31, 2020, which is close to the date of closing argument in the instant apartment from July 12, 2020.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1, 2, and 3 (including branch numbers, if any), the result of the commission of the appraisal to the appraiser C by this court, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant who occupies and uses the apartment of this case, barring any special circumstances, is obligated to pay the amount at the annual rate of 12% as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 2020 to the date of complete payment to the plaintiff, who is the owner of the apartment of this case, (1) deliver the apartment of this case, (2) fulfill the obligation to return unjust enrichment, and (5,980,080 won (=498,340 won x 12 months) from July 12, 2019 to July 11, 2020), and as sought by the plaintiff, to pay the amount at the rate of 5,980,080 won (=49,340 won x 12 months) from October 16, 2020 to the date of completion of delivery of the apartment of this case.
B. As to this, the Defendant entered into a sales contract with the Plaintiff on the apartment of this case, and accordingly, occupied and used the apartment of this case.
The plaintiff's claim.