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(영문) 울산지방법원 2020.07.10 2019가단128254

건물인도

Text

1. The defendant shall be the plaintiff.

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

(b) From 15,300,000 won and December 16, 2019

Reasons

1. Indication of claim;

A. On April 2, 2013, the Plaintiff leased real estate C heading 68 square meters (hereinafter “instant real estate”) to the Defendant, as the lease deposit amount of KRW 5 million, monthly rent of KRW 700,000 (prepaid on April 16, 2013), and the lease term of KRW 12 months from April 16, 2013.

(hereinafter “instant lease agreement”). B.

The instant lease contract was implicitly renewed, and the lease term of April 15, 2019 expired.

C. The Defendant’s illegal gains equivalent to the monthly rent or the monthly rent that was not paid by December 15, 2019 are KRW 20,300,000.

Since the lease contract of this case terminated upon the expiration of the term, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the amount of unjust enrichment equivalent to the monthly rent of KRW 15.3 million calculated by deducting the deposit for lease from the above KRW 20.3 million, and the amount of unjust enrichment equivalent to the monthly rent of KRW 700,000,000 calculated from December 16, 2019 to the completion date of delivery of the above real estate.

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