beta
(영문) 부산지방법원동부지원 2019.06.11 2018가단10724

건물명도(인도)등

Text

1. The defendant is against the plaintiffs:

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

(b) KRW 8,800,000 and among them 8,400.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Some of the plaintiffs dismissed their claim against the defendant for return of unjust enrichment equivalent to the rent only when submitting the application for amendment of the purport of the claim in this case. The part claiming the payment of damages for delay calculated at the rate of 15% per annum as stipulated in the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings during the Period before the occurrence of unjust enrichment (wholly amended by Presidential Decree No. 29768, May 21, 2019) from the day following the delivery of the copy of the application for amendment of the claim in this case as to unjust enrichment that occurred before May 14, 2019, among the plaintiffs' claim for return of unjust enrichment, is dismissed.

In addition, among the plaintiffs' claims for return of unjust enrichment, the part seeking payment of unjust enrichment incurred after May 14, 2019 constitutes a performance lawsuit and the above statutory interest rate is not applied (proviso of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and Article 251 of the Civil Procedure Act). Thus, the part claiming payment of damages for delay calculated at the above statutory interest rate as to the above unjust enrichment