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(영문) 서울중앙지방법원 2020.01.14 2019가단14750
건물인도 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From December 31, 2019 to the above delivery date.

Reasons

On October 31, 2018, the Plaintiff entered into a lease agreement with the Defendant for a building listed in the separate sheet owned by him/her, with a lease deposit of KRW 10 million, monthly rent of KRW 1100,000 (including value-added tax), and with a lease period of KRW 30,00,000,000, and delivered the building to the Defendant on October 30, 2019, and the fact that the Defendant occupied or used the building is under dispute between the parties, or can be acknowledged by taking into account the overall purport of the pleadings in the statement

According to the above facts, since the lease between the plaintiff and the defendant terminates after the term of lease expires, the defendant is obligated to deliver the above building to the plaintiff.

In addition, the defendant is obligated to pay the amount of money calculated from December 31, 2019 to the delivery date of the above building, except for the portion paid by the plaintiff to the plaintiff as unjust enrichment return, since the defendant gains profit from the above building and without any legal cause, and the plaintiff suffered loss.

The plaintiff's claim is legitimate, and all is accepted.

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