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(영문) 대구지방법원 2019.11.20 2019가단111513
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,380,000 to the Plaintiff (Counterclaim Defendant) and its payment from May 23, 2019.

Reasons

1. As to the main claim

A. The judgment on the cause of the claim is recognized by the Plaintiff, on January 17, 2019, by inheritance of D apartment E (hereinafter “instant apartment”) from the deceased, his father on January 17, 2019, and completing the registration of ownership transfer on February 11, 2019. The fact that the Defendant, without any title title, resided in the instant apartment after the deceased’s death and delivered it to the Plaintiff on May 15, 2019. The fact that the monthly rent of the instant apartment is 600,000, is either a dispute between the parties or that the entire purport of the pleadings is added to the statement in subparagraphs A through 5.

According to the above facts of recognition, the defendant is obligated to return unjust enrichment from the possession of the apartment of this case to the plaintiff.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted that it was impossible to respond to the Plaintiff’s claim because he had resided in the apartment of this case while maintaining a de facto marital relationship with the deceased. However, even if the Defendant was in a de facto marital relationship with the deceased, that alone cannot be the right to occupy the apartment of this case even after the Plaintiff acquired the ownership of the apartment of

The defendant's assertion is not accepted.

C. From January 17, 2019 to May 15, 2019, the Defendant is obligated to pay to the Plaintiff the amount equivalent to 2,380,000 won (=60,000 won per month x 3 months 600,000 won x 29 days/30 days) of the rent for the instant apartment, and to pay to the Plaintiff the amount calculated by calculating the annual interest rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from May 23, 2019 to the date of full payment after the written application for change of the purport of the instant lawsuit and the cause of the claim was served.

2. As to the counterclaim

A. The Defendant asserted that he supported the Deceased who lost his economic ability due to an accident, etc. since 1989 while maintaining a de facto marital relationship with the Deceased.

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