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(영문) 서울서부지방법원 2016.06.15 2015가단232852
건물명도
Text

1. The defendants receive KRW 30,000,000 from the plaintiffs, and at the same time real estate stated in the attached list to the plaintiffs.

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by Nonparty G.

The Plaintiffs purchased the instant real estate from the above G on April 8, 2014 and completed the registration of ownership transfer on April 17, 2014.

(Shares are Plaintiff A7/30, Plaintiff B 10/30, Plaintiff C 10/30, and Plaintiff D3/30). (B)

On March 7, 2011, the Defendants jointly leased the entire 53.58 square meters of the first floor among the instant real estate (hereinafter “instant commercial building”) from G during the period from March 7, 201 to March 10, 2013 (hereinafter “instant lease contract”). The said lease deposit was increased by KRW 5,000,000 as of May 9, 201, and was currently KRW 30,000,000.

After that, according to the change of ownership of G, the lessor succeeded according to the share ratio.

C. The instant lease agreement is extended due to the implied renewal, the Defendants’ right to demand renewal, etc., and the period of validity expired as of March 10, 2016.

At present, the defendants jointly occupy the commercial building of this case and operate a restaurant.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 6, Eul evidence 4, the purport of the whole pleadings

2. The parties' arguments and the judgment of this court

A. According to the termination of the instant lease agreement, the Plaintiffs filed a claim against the Defendants for the return of unjust enrichment equivalent to the rent after June 11, 2016, which was set as the voluntary base date after the delivery of the instant commercial building and the closure of the pleadings of the instant case.

B. As seen in the above facts, the instant lease contract was terminated as of March 10, 2016, and as such, the Defendants, a lessee, are obligated to deliver the instant commercial building to the Plaintiffs, a lessor.

On the other hand, the monthly rent rate of the commercial building of this case seems to be KRW 1,200,000 per month as stipulated in the lease agreement of this case, and there is no significant change in the future.

If so, joint.

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