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(영문) 서울중앙지방법원 2018.07.10 2018가단570

건물인도 등

Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the buildings listed in the separate sheet;

B. From May 25, 2018, the above A.

Reasons

1. Facts of recognition;

A. On January 6, 2017, the Plaintiff entered into a lease agreement with Defendant B, on behalf of Defendant LEL Construction Industry Co., Ltd. (hereinafter “Defendant Company”), under which the Plaintiff would lease the buildings listed in the attached list owned by the Plaintiff (hereinafter “instant building”) from January 25, 2017 to January 24, 2018, and KRW 3 million from January 25, 2017 to January 24, 2018, and KRW 550,000 in monthly rent.

(hereinafter “instant lease agreement”). B.

The Defendants have occupied the instant building on January 25, 2017 and have occupied it until now.

C. From August 2017, Defendant Company delayed payment of rent for five months from August 2017, and the Plaintiff terminated the instant lease agreement on December 21, 2017.

On May 3, 2018, after the filing of the instant lawsuit, the Defendant Company completed the payment of rent corresponding to the period until May 24, 2018.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the facts of the judgment on the Plaintiff’s claim, the instant lease agreement was terminated upon termination.

Therefore, the defendants are jointly obligated to deliver the building of this case to the plaintiff and return unjust enrichment from the possession and use of the building of this case to the time of delivery of the building.

With respect to the scope of unjust enrichment to be returned by the Defendants, the amount of profit from the possession and use of the ordinary real estate is equivalent to the rent of the real estate. Therefore, 550,000 won per month as prescribed in the instant lease agreement is the standard.

Therefore, the Defendants jointly have a duty to pay the Plaintiff money at the rate of KRW 50,000 per month from May 25, 2018 to the delivery of the instant building.

The plaintiff's claim is reasonable within the scope of the above recognition.

3. To accept part of the Plaintiff’s claim for conclusion