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(영문) 대전지방법원서산지원 2015.05.29 2014가단54351

건물명도

Text

1. The defendant shall appoint the plaintiff (appointed party) and the appointed party:

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

B. 65,000.

Reasons

C On October 27, 2009, a lease contract was concluded under the terms and conditions that a building listed in the attached list was leased to the Defendant with a deposit of KRW 25,00,000, monthly rent of KRW 2,500,000, and the period from October 27, 2009, and that the said building was leased with a three-year period from October 27, 2009, and thereafter the Plaintiff (Appointed Party) and the appointed parties were succeeded to the lessor status under the above lease contract as of June 2, 2010, and that the Plaintiffs notified the Defendant of the termination of the said lease contract on the grounds that the monthly rent of KRW 25,00 was unpaid on November 13, 2014. There is no dispute between the parties.

According to the above facts, the above lease contract was terminated upon the termination of the lessor on November 13, 2014, and the defendant obtained benefits equivalent to the rent without any legal ground by occupying and using the above building and suffered damages equivalent to the same amount from the plaintiff (appointed party) and the designated parties.

Therefore, the defendant is obligated to deliver the above building to the plaintiff (appointed party) and the selection party and to pay unjust enrichment at the rate of KRW 2,500,000 per month from October 27, 2012 to December 26, 2014, which is the following day of the period from October 27, 2012 to December 26, 2014, in total, for 65,000 (=2,50,000 x 26 months) and 2,50,000 per month from December 27, 2014 to the completion date of delivery of the building.

Therefore, the plaintiff (Appointed party)'s claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.