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(영문) 울산지방법원 2015.07.03 2015가단6943

건물명도 등

Text

1. For the plaintiffs:

A. Defendant C shall indicate 1, 2, 3, 4.2 of the attached Form No. 142.87 square meters on the second floor of the building listed in the attached list.

Reasons

1. Facts of recognition;

A. On March 21, 2014, the Plaintiffs leased 43.80 square meters (No. 201) on a ship (hereinafter “the instant building part”) with each point of Section 1, 2, 3, 4.3, 5, 6, 15, and 43.80 square meters (hereinafter “the instant building part”) on the attached list, among the 142.87 square meters on the second floor of the building listed in the attached list, to Defendant C, by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 650,00,000, and the period from March 21, 2014 to March 20, 2015.

(hereinafter “instant lease agreement”). B.

Defendant C was in arrears from June 2014 to March 2015, the lease deposit amount of KRW 5 million was deducted from the monthly rent in arrears. On March 20, 2015, the Plaintiffs notified Defendant C of the termination of the instant lease agreement on March 20, 2015.

C. Defendant D had personal goods on the instant building part and possessed the said building part.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]

2. According to the above fact-finding, the instant lease contract was lawfully terminated on March 20, 2015.

Therefore, Defendant C is obligated to deliver the instant building part to the Plaintiffs, and Defendant D is obligated to leave the said building part. The Defendants jointly have a duty to return unjust enrichment amounting to KRW 650,000 from March 21, 2015 to March 21, 2015.

3. If so, the plaintiffs' claim of this case against the defendants is justified.