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(영문) 전주지방법원 2016.12.14 2016나90
부당이득금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

The defendant shall be jointly with the defendant B in the first instance trial.

Reasons

1. Facts of recognition;

A. On December 26, 2013, the Plaintiff entered into a lease agreement with the Defendant and the co-defendant B of the first instance trial (hereinafter “Defendant, etc.”) by setting the lease deposit amount of KRW 20,000,000 in the front city, monthly rent of KRW 1,00,000 in the rent, and the lease term of KRW 1,00,00 in the rent of KRW 1,00 in the first instance, from December 26, 2013 to December 25, 2014, respectively.

B. Upon the occurrence of the above 402 problem, the Plaintiff, the Defendant, etc. agreed on December 30, 2013 to change the object of the said lease to 202 (hereinafter “instant housing”).

C. The Defendant paid KRW 1,00,000 to the Plaintiff on December 26, 2013, and did not pay the lease deposit amount of KRW 20,000,000 under the said lease agreement and the rent after January 26, 2014.

On February 2, 2014, the Plaintiff terminated the above lease agreement on the ground of the unpaid rent, and the Defendant agreed to deliver the instant house to the Plaintiff by March 2, 2014.

E. The Defendant, etc. removed from the instant house on March 10, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including the provisional number), the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion is jointly obligated to pay to the Plaintiff KRW 14,700,000,000,000, which was paid from December 26, 2013 to March 10, 2015, which is the date of the lease contract, and the amount of unjust enrichment equivalent to the rent and the rent that were not paid until March 10, 2015, which is the date of the eviction (i.e., the lease contract) (=14 months + (50,000,000,000 won for rent) from the Defendant, etc.

B. According to the above facts of recognition, the Defendant, etc., a lessee of the instant lease agreement, is jointly obligated to jointly return the unpaid rent and unjust enrichment on the basis of the Plaintiff, a lessor, as sought by the Plaintiff.

C. Accordingly, according to the conclusion of the lawsuit, the defendant et al. jointly serve with the plaintiff as the delivery date of the original copy of the complaint of this case, as the plaintiff seeks.

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