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(영문) 울산지방법원 2019.10.02 2019가단112457

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) ordering the real estate listed in Appendix 1;

(b) KRW 1,800,000 and as regards it, June 2019.

Reasons

1. Description of claims: as shown in Appendix 2’s “the cause of claim” and “the cause of the modified claim”.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Since the Plaintiff partially dismissed filed a claim against the Defendant for unjust enrichment equivalent to the monthly rent that occurred from May 23, 2019, the Plaintiff is obligated to pay the Defendant rent from December 17, 2018 to December 17, 2018. As such, the Defendant is obligated to pay the Plaintiff unjust enrichment equivalent to the monthly rent from delayed payment or rent equivalent to the total of KRW 1,80,000 (=300,000 x six months) accrued from December 17, 2019 to June 16, 2019, since the Plaintiff’s claim for unjust enrichment exceeds the above recognized scope, the Defendant is dismissed on the grounds that the part of the claim by the Plaintiff did not have any justifiable reason.