logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.01.28 2014나15132
건물퇴거 등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are the Plaintiff’s buildings indicated in the attached list No. 1.

Reasons

1. Basic facts

A. As to the building of this case, the registration of additional branch court of the Incheon District Court was completed on October 11, 201 and the registration of transfer of ownership was completed in the Plaintiff’s name on October 1, 2013 as the receipt of No. 103803, Oct. 1, 2013.

B. However, the Defendants currently occupy the instant building.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3 through 5, and 7, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, barring any special circumstance, the Defendants are obligated to deliver the instant building to the Plaintiff, the owner of the instant building, barring any special circumstance. 2) Where multiple persons jointly use another’s property without any legal cause, the obligation to return unjust enrichment is an indivisible obligation for the return of indivisible profits, barring any special circumstance (see Supreme Court Decision 2000Da13948, Dec. 11, 2001). The Defendants, who acquired the ownership of the instant building from October 11, 201, occupy the instant building without any legal cause, thereby gaining profit equivalent to the relevant rent and causing damage to the Plaintiff. Accordingly, the Defendants are obligated to return unjust enrichment equivalent to the said rent to each Plaintiff.

Furthermore, according to the result of the commission of appraisal of rent to appraiser G by the court of first instance as to the amount of unjust enrichment to be returned by the Defendants, the Plaintiff may recognize the fact that the rent from October 11, 2013 to July 10, 2014, which the Plaintiff acquired ownership of the instant building, constitutes KRW 700,000 per month, and the subsequent rent is ratified as the same amount. Thus, the Defendants are liable to pay to each Plaintiff the amount calculated at the rate of KRW 700,000 per month from October 111, 2013 to the day on which delivery of the instant building is completed.

B. The Plaintiff determined the claim for the payment of management expenses. The Defendants from October 2013 to December 2013.

arrow