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(영문) 서울중앙지방법원 2016.01.28 2015가단5126223

건물명도

Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant A from September 24, 2015 to KRW 50,000,000 from the Intervenor succeeding to the Plaintiff.

Reasons

The Plaintiff’s succeeding intervenor is the owner of the building indicated in the attached list, who completed the registration of ownership transfer on September 24, 2015. The Defendant A had previously been the owner of the building indicated in the attached list. From that point, the part 25.26 square meters was connected in order to each point of the attached drawing Nos. 1, 2, 3, 4, and 1 among the 1st floor of the above building; the Defendant B occupied and used the portion 25.26 square meters in order to connect each point of the attached drawing Nos. 5, 6, 7, 8, and 5 among the 1st floor of the above building. The Defendants concluded each lease contract with the above owner of the building and owned and used the same as above. The Defendant’s deposit was 50 million won, 1,650,000 won in rent No. 1,650,000 in rent No. 40,000 in rent No. 300,000 in rent No. 15, and 30100.

Therefore, Defendant A is obligated to receive money from the Plaintiff’s Intervenor from September 24, 2015 to September 26, 2015 after deducting the amount equivalent to the rent calculated by the rate of KRW 1,650,000 per month from the deposit deposit amount of KRW 50,00,000 to the completion date of delivery of the above portion of KRW 25.26 square meters, and at the same time, Defendant B is obligated to deliver to the Plaintiff Intervenor the above portion of KRW 25.26 square meters from the Plaintiff’s Intervenor. Defendant B is obligated to receive money from the Plaintiff’s Intervenor from September 24, 2015 to the completion date of delivery of KRW 1,518,00,000 from the deposit amount of KRW 40,000 to the above portion of KRW 25.26 square meters, and at the same time, to deliver the Plaintiff’s Intervenor the remainder of money calculated by deducting the amount of unjust enrichment calculated at the rate of KRW 1,518,000.

Therefore, the plaintiff succeeding intervenor's claim is justified, and it is decided as per Disposition by admitting it.