(영문) 부산지방법원 2019.11.13 2019가합41030

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(영문) 부산지방법원 2019.11.13 2019가합41030

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From December 27, 2018, the above A

subsection (b).

Reasons

1. Facts of recognition;

A. The real estate stated in the separate sheet (hereinafter “instant real estate”) was owned C. The voluntary auction was commenced upon the application of the mortgagee DD association to Busan District Court E (hereinafter “instant auction procedure”), and on December 7, 2016, the entry registration of the decision to commence the auction was completed.

B. In the instant auction procedure, on December 20, 2017, the Defendant reported a lien of KRW 2.5 billion against C, F, G, H, and I as the preserved claim.

C. In the instant auction procedure, the Plaintiff was selected as the purchaser, paid in full the sale price on December 27, 2018, and completed the registration of ownership transfer on January 2, 2019.

Meanwhile, the Defendant occupies the instant real estate as of the date of the closing of argument, and the annual rent from December 27, 2018 to December 26, 2019 regarding the instant real estate is KRW 201,50,00.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the defendant's claim for the delivery of the real estate of this case without a legitimate title occupies the real estate of this case, the owner is obligated to deliver the above real estate to the plaintiff.

B. The Defendant, without a legitimate title, is liable to compensate for damages incurred by the Plaintiff by illegally occupying the instant real estate owned by the Plaintiff and causing damages equivalent to the rent to the Plaintiff. However, from December 27, 2018 to the time when the Defendant transferred the said real estate to the time when the Plaintiff acquired the ownership of the said real estate by fully paying the sale price, the Defendant is obligated to pay the rent equivalent to the rent for

3. Determination

A. On December 27, 2018, the Plaintiff determined the cause of the claim as to the claim for the delivery of the instant real estate, and the fact that the sale price was paid in full at the auction procedure of this case.

유사 판례

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