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(영문) 대전지방법원공주지원 2017.08.10 2017가단451
건물인도 등
Text

1. The Defendants are to the Plaintiff:

(a) deliver 49.44 square meters in a single-story office in the E-Man-si E-Manbre Round Round Round-ro, Sinju.

Reasons

1. According to the overall purport of Gap evidence No. 1 and No. 4 as to the cause of the claim, around February 16, 2015, Eul entered into a lease agreement with the Defendants on a deposit of KRW 10,000, monthly rent of KRW 700,000 (hereinafter “instant building”) with respect to E’s Cho Jong-kyl-kyon kyl-kyon roof Office 49.44 square meters (hereinafter “instant building”). The Defendants delivered the instant building to the Defendants on March 4, 2017. While operating a restaurant with “F” in the instant building, the Defendants agreed on the division of the inherited property as of February 15, 2017, and the Plaintiff’s right to the division of the inherited property as of February 15, 2017, which was the heir’s death.

According to the above facts, the contract of this case was lawfully terminated on March 16, 2017, on the premise that the deceased A had terminated the contract of this case on the premise that the contract of this case was delivered to the Defendants on the premise that the Defendants failed to pay the difference of five months, and thus, the copy of the complaint of this case seeking delivery of the building of this case was delivered to the Defendants.

Therefore, the Defendants are obligated to deliver the instant building to the Plaintiff, who was inherited from the deceased A and became the party to his lawsuit, barring special circumstances, to return unjust enrichment equivalent to the monthly rent of KRW 3,500,000 in arrears (=700,000/months x 5 months) and the Plaintiff, as sought by the Plaintiff, from March 5, 2017 to the completion date of delivery of the instant building.

2. As to the Defendants’ assertion, since the Defendants spent KRW 100,00,00 for the main bank, room 1 square, toilet, outdoor, and extension of the part of the building of this case, among the buildings of this case, the said expenditure corresponds to the part where the value of the building of this case has increased due to the said expenditure.

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