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(영문) 수원지방법원 2018.10.30 2018가단8060
건물인도등
Text

1. The defendant shall deliver to the plaintiff the building listed in the attached Table 2 list.

2. The defendant from October 16, 2017 to the plaintiff 1.

Reasons

1. The facts as stated in the cause of the claim No. 1 are recognized in accordance with the purport of each entry and the entire pleading set forth in No. 1 to No. 4, or there is no dispute

Unless there are special circumstances, the Defendant is obligated to deliver to the Plaintiff the building listed in the attached Table 2 list (hereinafter “instant real estate”), and to return the rent or unjust enrichment equivalent to the rent, calculated by the ratio of KRW 3.7 million per month from October 16, 2017 to the day the delivery is completed.

2. The defendant defense that the plaintiff could not deliver the real estate of this case because he did not refund the lease deposit amount of KRW 35 million.

According to the above evidence, it is recognized that the lease deposit under the lease agreement between the Plaintiff and the Defendant was the cause of 35 million won.

As to the defendant's defense, the plaintiff asserts that the sum of the overdue rent or unjust enrichment by the defendant has already exceeded the lease deposit until the date of conclusion of the pleading.

(A) Although the plaintiff has claimed restitution costs, the plaintiff has withdrawn his claim on the last date of the oral argument. However, it is clear that the sum of overdue rent or unjust enrichment exceeds 35 million won as of the date of the closing of the oral argument is calculated.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff.

In relation to the Plaintiff’s claim for money, the Defendant is obligated to pay to the Plaintiff the remaining amount calculated by subtracting KRW 35 million from the amount calculated at the rate of KRW 3.7 million per month from October 16, 2017 to the date the delivery of the instant real estate is completed.

3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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