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(영문) 서울남부지방법원 2018.11.29 2018가단245782

건물명도(인도)

Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet No. 1;

B. The Defendants jointly do so on November 2018.

Reasons

1. The plaintiff's assertion is as shown in the annexed sheet 2.

2. The Defendants’ determination on the delivery of real estate against the Defendants and the claim for money after November 2, 2018 shall not be contested as to the facts alleged by the Plaintiff as to the grounds for the attached Form 2 claims.

The duplicate of the instant complaint was served on Defendant B on September 27, 2018, and the lease contract between the Plaintiff and the Defendant was lawfully terminated due to the lessee’s default. As such, Defendant B is obligated to deliver the said real estate to the Plaintiff and return the unjust enrichment equivalent to the rent from November 2, 2018 to the completion date of delivery of the said real estate, upon the Plaintiff’s request.

Although the lease contract between the Plaintiff and Defendant C had been lawfully terminated, Defendant C, without any title, occupies the instant real estate to the Plaintiff. As such, the said Defendant is obligated to compensate the Plaintiff for damages equivalent to the rent that the Plaintiff entered by occupying the instant real estate from November 2, 2018 to the delivery date, as sought by the Plaintiff.

Since the Defendants’ obligation to return unjust enrichment to the Plaintiff or obligation to compensate for damages is jointly and severally liable, the Defendants jointly have the obligation to pay the above amount to the Plaintiff.

3. Determination on overdue rent and claim for damages against Defendant B

A. The Defendant is obligated to pay the Plaintiff KRW 19,80,000,000,00 for overdue rent or unjust enrichment by November 1, 2018.

B. The Plaintiff asserted that KRW 4.7 million, which was incurred by the Plaintiff as well as KRW 2 million with the real estate brokerage commission, was the cost to be paid in the course of restitution of real estate and additional lease, and the Defendant did not challenge this.

Therefore, the defendant is obligated to pay the above 6.7 million won to the plaintiff.

4. Determination as to the claim for damages equivalent to the rent against Defendant C.