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(영문) 의정부지방법원 2020.04.22 2019가단19764

건물인도

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From 3,600,000 won and October 25, 2019

Reasons

1. On July 30, 2018, the Plaintiff and C entered into a lease agreement between the Defendant and the Defendant, setting a deposit of KRW 5 million, KRW 1100,000 per month, KRW 100,000 per month, management expenses, and lease term from July 31, 2018 to 24 months, with respect to the buildings listed in the separate sheet, which are jointly owned by the Plaintiff and C. As of October 25, 2019, the Plaintiff and C did not pay a total of KRW 7,20,000,000 for rent and management expenses as of October 25, 2019, the said lease agreement is terminated to the Defendant, and seek unjust enrichment equivalent to the same amount as the delivery, overdue rent, and management expenses

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

3. The building listed in the separate sheet that partially dismissed is jointly owned by both the Plaintiff and C (each share of 1/2), and the Plaintiff leased the above building to the Defendant jointly with C. Since the overdue rent and management expenses incurred from the lease of the jointly owned property, and the claim for return of unjust enrichment is a monetary claim, it is a divided claim and thus, it shall be accepted only within the extent of the Plaintiff’s share (1/2)