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(영문) 서울북부지방법원 2020.11.13 2020가단108926
건물인도
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

2. Defendant B shall be the Plaintiff, Ga.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings in evidence Nos. 1 and 2, the Plaintiff: (a) on June 3, 2019, leased real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) to Defendant B as deposit money of KRW 20,00,000; (b) on June 10, 2021, the lease period of KRW 950,000; and (c) on June 10, 2021, the lease period of KRW 24 months (hereinafter “instant lease”); and (d) in the instant lease agreement, the lessor may terminate the contract if the lessee fails to pay rent on more than two occasions; (b) Defendant B did not pay a rent for eight months from June 3, 2019 to January 20; and (c) transferred the ownership of the instant real estate to Defendant CD without permission; and (d) on the other hand, Defendant B transferred the ownership of the instant real estate to Defendant C on May 13, 2013.

B. According to the above facts, since the lease contract of this case was terminated by the delivery of a copy of the complaint of this case around May 13, 2020, the defendants who possess the real estate of this case without legitimate title are jointly obligated to deliver the real estate of this case to the plaintiff.

In addition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 7,60,000 (=950,000 KRW x8 months) incurred from June 10, 2019 to February 9, 2020, as well as the interest rate of KRW 50,000 per annum under the Civil Act from February 10, 2020 to May 13, 2020, which is the delivery date of a copy of the complaint of this case, and the interest rate of KRW 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the full payment date. Defendant B is obligated to pay as unjust enrichment the amount calculated by applying the rate of KRW 950,00 per month from May 14, 2020 to the delivery date of the real estate of this case.

2. Defendant C, .

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