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(영문) 서울남부지방법원 2020.08.13 2019가단24296

건물인도

Text

1. The defendant against the plaintiffs

(a) Of the real estate listed in the separate sheet, each point of the indication 1, 2, 3, 4, and 1 of the separate sheet.

Reasons

1. Basic facts

A. On August 7, 2003, D entered into a lease agreement with the Defendant on the terms of KRW 12 million, monthly rent of KRW 1,000,00,000, and the term of lease from August 30, 203 to 12 months, with respect to the portion (A) of 107.87 square meters in the ship (hereinafter “instant real estate”) which connects each point among the real estate listed in the attached list with the Defendant as indicated in the attached list, among the real estate indicated in the attached list, as indicated in the attached Table 1,2,3,4, and 12 months.

B. After December 23, 2003, D donated the instant real estate to the Plaintiffs.

C. On January 1, 2015, the Plaintiffs continued to renew the lease agreement without preparing a separate contract between the Plaintiffs and the Defendant. However, on January 1, 2015, the Plaintiffs concluded a re-lease agreement (hereinafter “instant agreement”) by increasing the monthly rent of KRW 1.2 million to KRW 1.2 million (including value-added tax).

In arrears, the Defendant was the unpaid tea as of November 2019, and the 23,040,000 won was the Plaintiff, and the Plaintiffs, as the delivery of the instant complaint, declared that the instant contract is terminated to the Defendant, and the said complaint was served to the Defendant.

E. Meanwhile, D partially used the Defendant’s electricity, and the Plaintiffs and the Defendant agreed on July 5, 2020 to KRW 1,906,437.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, and 2-6, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to deliver the instant real estate to the Plaintiff and return the amount of unjust enrichment equivalent to KRW 1320,00 per month from November 1, 2019 to the completion date of delivery of the instant real estate from November 1, 2019 to the date of delivery.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.