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(영문) 서울남부지방법원 2020.06.26 2020가단219274

건물인도

Text

1. The Defendants indicated in the separate sheet 24 square meters, 248 Hobbebs, 200, c.

Reasons

The Plaintiffs’ real estate first floor listed in the separate sheet was leased KRW 800,000 per month from July 20, 2018 to July 20, 2020 to Defendant C with the deposit deposit amount of KRW 5,00,000, and the period from July 20, 2018 to July 20, 200. The Defendants used the first floor of the said real estate as a tool and sediment, Defendant C did not pay a rent for October 2019 (the rent corresponding to the use by October 20, 2019). Accordingly, the fact that the Plaintiffs terminated the lease on March 6, 2020 does not conflict between the parties, or can be recognized by comprehensively taking account of each of the statements stated in the evidence Nos. 3, 5, 6, 8, and 10.

Therefore, the defendants are obligated to deliver the above real estate first floor to the plaintiffs, and the defendant C is obligated to pay the overdue rent and unjust enrichment equivalent to the rent in arrears, and the defendant D, E, and F are obligated to pay unjust enrichment equivalent to the rent.

The overdue rent and unjust enrichment equivalent to the rent in arrears to be paid by Defendant C amounts to KRW 5,00,00 on April 28, 2020. From October 21, 2019 to April 28, 2020, six months, 800,000 x (6 + 8/30) = (6 + 8/30) = The Plaintiffs were deducted from the deposit.

Therefore, the defendants have a duty to deliver the above real estate first floor to the plaintiffs, and the defendants jointly have a duty to pay the plaintiffs the amount of unjust enrichment equivalent to 800,000 won equivalent to the rent calculated from April 29, 2020 to May 28, 2020, as well as damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 6, 2020 to the day of full payment, which is the day following the delivery of the copy of the claim and the application for modification of the claim of this case. The defendants are obligated to pay the amount of unjust enrichment equivalent to 80,000 won per month from May 29, 2020 to the day of delivery of the above real estate first floor. Thus, they shall accept the plaintiffs' claim.