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(영문) 서울중앙지방법원 2018.11.26 2018가단21119
건물명도등 청구의 소
Text

1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet; (b)

26,50,000 won and April 6, 2018, respectively.

Reasons

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 through 3, the Plaintiffs entered into a lease agreement with the Defendant on April 19, 2016, setting the lease deposit of KRW 100,000,000 for the buildings listed in the separate sheet (hereinafter “instant building”), monthly rent of KRW 5,30,000 for the rent, and the lease term of KRW 6,66, 2016 for the period from June 6, 2016 to June 5, 2018 (hereinafter “instant lease agreement”), and thereafter, delivered the instant building to the Defendant. The Defendant paid only rent from June 5, 2017 to June 5, 2017, and the Plaintiffs notified the Defendant of the termination of the instant lease agreement on the grounds of delayed payment of rent, and the fact that the Defendant currently occupied the instant building.

According to the above facts, the instant lease agreement was lawfully terminated, and since the claim for return of unjust enrichment corresponding to the rent or rent to the Defendant against the Defendant, which is a joint lessor, is a divisible claim, the Defendant is obligated to deliver the instant building to the Plaintiffs, and to pay the amount calculated at the rate of KRW 26,50,000 per month from June 6, 2017 to April 5, 2018 and KRW 2,650,000 per month from April 6, 2018 to April 6, 2018.

The Plaintiffs seek to pay to the Defendant the amount calculated at the rate of KRW 2,650,00 per month from March 6, 2018 to March 6, 2018. However, as seen earlier, the Defendant paid the difference between June 5, 2017 and June 5, 2017, the Plaintiffs’ claim on the portion exceeding the amount recognized earlier is without merit.

The plaintiffs' claims against the defendant are partly accepted.

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