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(영문) 제주지방법원 2017.08.08 2017가단50043

토지인도

Text

1. The defendant shall be the plaintiff.

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

(b) KRW 4,000,000 and this shall be applicable thereto. < Amended by Act No. 13500, May 2015>

Reasons

1. Basic facts

A. On November 22, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C, setting the following terms: (a) KRW 4 million per annum; (b) November 22, 2014 from November 22, 2014 to November 22, 2016 (hereinafter “instant lease agreement”).

B. On August 10, 2015, the Plaintiff purchased the instant building from C and completed the registration of ownership transfer on August 11, 2015.

C. Meanwhile, the Defendant was transferred the instant building from C on November 22, 2014 and has been occupied and used until now. The rent after November 22, 2015 has not been paid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed to have expired on November 22, 2016, and barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 22, 2015 to November 22, 2016, and the annual rent of KRW 4 million from November 23, 2015 to November 22, 2016, the following day of the payment date, from November 23, 2015 to January 9, 2017, the delivery date of the copy of the complaint in this case, and all thereafter, from the next day to the day of full payment.

In addition, the Defendant is obligated to return the amount equivalent to the rent of the instant building as unjust enrichment even after the termination of the instant lease agreement. Since the amount equivalent to the rent of the instant building after the termination of the instant lease agreement is confirmed to be KRW 4 million per annum, which is the rent of the instant building, prior to the termination of the instant lease agreement, the Defendant is obligated to return to the Plaintiff the unjust enrichment calculated by the ratio of KRW 4 million per annum from November 23, 2016 to the completion date of delivery of the instant building from November 23, 2016 to the completion date of delivery of the instant building.

3. The defendant's assertion