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(영문) 창원지방법원진주지원 2016.05.12 2015가단11447
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver buildings listed in the annexed real estate list;

B. 18,00,000 won and December 1, 2015

Reasons

According to the facts without dispute, Gap evidence Nos. 1 through 4 and the purport of the whole pleadings, the plaintiff leased the building attached to the real estate list owned by the plaintiff to the defendant from November 1, 2012 to November 1, 2015, the lease deposit amount of KRW 30,000,000, monthly rent of KRW 6,000,000.

The plaintiff asserts that the defendant sought unjust enrichment equivalent to the monthly rent from the date of delivery and delivery of the above building, since the building stated in the attached real estate list, which is the object of lease, is not returned even after the termination of the above lease, and barring any special circumstance, the defendant is obligated to deliver the above building to the plaintiff, and pay the amount calculated at the rate of KRW 6,00,000 per month from December 1, 2015 to the date of delivery of the above building, as requested by the plaintiff.

In regard to this, the defendant asserted that he remitted all of the money to the plaintiff after settling the plaintiff's lease deposit, lease deposit, borrowed monthly rent, tax and public dues, etc. on December 2, 2015, but the above argument is without merit, since there is no evidence to acknowledge this.

If so, the plaintiff's claim is justified and acceptable.

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