(영문) 울산지방법원 2017.08.30 2017나766 | 리걸엔진

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(영문) 울산지방법원 2017.08.30 2017나766

건물명도 등

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1. All appeals by the Defendants against the Plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendants.

Reasons

1. Basic facts

A. On April 5, 2016, the Plaintiffs: (a) determined the lease deposit amount of KRW 30 million and KRW 28 million per month of rent (value added tax separately); and (b) handed over the instant store to Defendant C around that time, the instant store was handed over to Defendant C with each point of KRW 1,2,3,4, and 56.1 square meters in the attached drawings among the real property 1 floors listed in the attached list (hereinafter “instant store”).

Meanwhile, the actual user of the instant store is Defendant D, the mother of Defendant C, and the Plaintiffs consented thereto.

B. The Plaintiffs and the Defendants agreed to terminate the instant lease agreement on October 1, 2016, and agreed as follows (hereinafter “instant agreement”).

Agreements shall be made in writing.

1. The termination of the instant store lease agreement concluded as of April 5, 2016 and the refund of the lease deposit are simultaneously performed with the obligation to return the deposit and to specify the name of the leased store as follows.

2. He/she agrees to pay 13 million won, which is deposited as a security deposit, among the 30 million won of the lease deposit, the monthly rent for the store rent from September 15, 2016 to October 15, 2016, after deducting 3 million won from the security deposit, and to repay 10 million won in cash borrowed on July 15, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 6, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was terminated by agreement, and the obligation of the Plaintiffs to return the lease deposit was completed pursuant to the instant agreement, the Defendants are obligated to deliver the instant store to the Plaintiffs, and jointly pay the amount of money calculated at the rate of KRW 2,800,000 per annum from October 16, 2016 to the completion date of delivery of the said real estate, as unjust enrichment.

B. As to this, the Defendants, around October 31, 2016, run a business by taking full-time measures at the instant store.

유사 판례

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