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(영문) 춘천지방법원영월지원 2014.12.17 2013가단5638
건물인도
Text

1. The Defendants are to the Plaintiff.

(a) deliver each real estate listed in the separate sheet;

B. Each of them shall be KRW 7,380,000 and October 2014.

Reasons

1. As to the cause of claim

A. 1) On April 23, 2013, the Plaintiff voluntarily held D’s real estate auction procedure (hereinafter “instant auction”) with the Youngcheon District Court Youngcheon District Court Youngcheon District Court Youngcheon District Court Youngcheon District Court Branch D’s monthly auction procedure.

(C) the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).

(2) The Defendants occupied and used the instant real estate from April 24, 2013 to September 25, 2014, since the Plaintiff paid in full the sale price in the instant auction procedure, and completed the registration of ownership transfer on the instant real estate on the same day.

[Ground of Recognition] With respect to Defendant B: A without dispute, entry of evidence No. 1, result of a request for appraisal by this court, and purport of the entire pleadings: deemed confession

B. According to the above facts of recognition, barring any special circumstance, the Plaintiff, the owner of the instant real estate, is obligated to deliver the instant real estate possessed without each title to the Plaintiff, and to return unjust enrichment equivalent to the rent arising from the possession and use of the instant real estate from April 24, 2013, as sought by the Plaintiff, after each Plaintiff acquired the ownership of the instant real estate.

However, the rent of the instant real estate is KRW 410,00 per month from April 24, 2013 to September 25, 2014, and thereafter is ratified to be the same amount as the rent thereafter. Therefore, the Defendants are obligated to pay to each Plaintiff the amount of money in proportion to KRW 7,380,000 (=18 months from April 24, 2013 to October 23, 2014 】 410,000 per month from October 24, 2014 to the completion date of the delivery of the instant real estate).

2. As to Defendant B’s defense, etc.

A. Defendant B’s assertion by the parties to the instant claim is to purchase the instant real estate around September 22, 2009, while he/she occupied the instant real estate after making a move-in report on the instant real estate leased by Bangladesh from April 3, 2008.

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