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1. The Defendant: (a) the Plaintiff:
Attached Form
In the paper of the building indicated in the list, indication 1, 2, 3, 4, 5, 6, and 6.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the building indicated in the attached list.
B. On October 31, 2016, the Plaintiff’s ground floor D, i.e., Disposition 1-A, as indicated in the separate sheet between C and C.
A lease agreement was concluded to lease a lease deposit of KRW 10,00,000, monthly rent of KRW 360,000, and the lease term of KRW 360,000 from October 31, 2016 to October 30, 2017 (hereinafter “the lease agreement”).
C. C did not pay the rent from January 31, 2017.
Accordingly, the Plaintiff filed a claim for the delivery of a building against C as Seoul Central District Court 2017Kadan40748, and the said court rendered a judgment on November 14, 2017, stating that “C transferred the instant real estate to the Plaintiff and paid the amount at the rate of KRW 360,000 per month from January 31, 2017 to the completion date of the delivery,” on the ground that “C terminated on May 15, 2017 due to the termination of the contract by the Plaintiff on the ground that the said lease was due to the termination of the contract by the Plaintiff’s delay.”
(C) The Seoul Central District Court (2018Na8902) appealed against the above judgment, but the appellate court dismissed C’s appeal on August 22, 2018.
The defendant has been residing in the real estate of this case with C since October 31, 2016 until now.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 8, purport of the whole pleadings]
2. Determination
A. According to the above facts, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, and return unjust enrichment due to the possession and use of the instant real estate from May 16, 2017 to the date following the day the said lease contract is terminated. (2) Furthermore, as to the amount of unjust enrichment to be returned to the Plaintiff by the Defendant to the Plaintiff, health class, and in ordinary cases, the amount of profit from the possession and use of the real estate is equivalent to the rent of the said real estate.