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(영문) 대전지방법원홍성지원 2019.01.30 2018가단2912
건물명도
Text

1. The defendant delivers the building indicated in the attached list to the plaintiff and pays KRW 2,370,00 to the plaintiff.

2. The costs of lawsuit shall be.

Reasons

Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, it is reasonable to deem that the plaintiff completed the registration of ownership transfer on April 4, 2018, and the defendant, who is the former owner of the above building, is running the business in the trade name of "C" in the above building up to now. In light of the fact that the area of the above building is 198 square meters and is being used as a factory, it is reasonable to deem that the defendant has obtained unjust enrichment equivalent to at least KRW 300,000 per month.

Therefore, the defendant is obligated to deliver the above building to the plaintiff and pay 2,70,000 won [=30,000 won + (7 months x 27/30)], which is equivalent to the rent from April 4, 2018 to November 30, 2018.

The plaintiff's claim of this case is justified and accepted.

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