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(영문) 의정부지방법원고양지원 2017.04.06 2016가단90789
건물명도
Text

1. The Defendant shall deliver each real estate listed in the separate sheet from October 19, 2016 to the Plaintiff’s KRW 30,000,000.

Reasons

① Since the Defendant leased the entire building of the instant real estate from around March 1998 to the owner of each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”), the Defendant occupied and used the instant real estate since it occupied and used the instant real estate since the lease was renewed; ② on March 25, 2014, the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1500,000 (from October 25, 2014 to March 25, 2016) between the Defendant and B as to the entire building of the instant real estate; and ③ the Plaintiff’s completion of the registration of ownership transfer on each of the instant real estate due to sale on October 19, 2016 (hereinafter “instant lease”); and ④ the fact that there was no dispute between the parties to the instant real estate or the number of each of the parties to the instant real estate as to the present date.

According to the above facts, the lease contract of this case was terminated on March 25, 2016, and the defendant is obligated to return unjust enrichment from possession to the plaintiff who is the owner of this case after the termination of the lease contract of this case. As such, the defendant is obligated to deliver the above real estate to the plaintiff at the same time, upon the plaintiff's request, after deducting unjust enrichment from 30,000,000 won already paid by the plaintiff from the lease deposit which was paid by the plaintiff.

Furthermore, as to the amount of unjust enrichment, barring any special circumstance, the amount of unjust enrichment is the amount equivalent to the pertinent real estate rent, and the monthly rent of KRW 1,600,00 at the time of the termination of the instant lease agreement is as seen earlier. Therefore, the Defendant from the Plaintiff to the date of completion of delivery of the instant real estate from October 19, 2016, which is the date of acquisition of Plaintiff’s ownership, to the date of completion of delivery of the instant real estate.

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