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(영문) 부산지방법원동부지원 2016.12.14 2016가단6554
토지인도등
Text

1. The Defendant’s real estate from KRW 50,00,000 to KRW 50,000 from the Plaintiffs as indicated in the separate sheet from September 15, 2016.

Reasons

1. Facts of recognition;

A. On March 18, 2011, the Defendant entered into a contract to lease each of the instant real estate from the Plaintiffs, a co-owner of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with the term of KRW 50 million, monthly rent of KRW 2 million, and from April 15, 2011, with the term of lease fixed from the Plaintiffs (hereinafter “instant lease contract”), and received the said deposit from the Plaintiffs until the date of entering into the said contract, and received delivery of each of the instant real estate from the Plaintiffs.

B. On May 24, 2013, after the expiration of the term of the instant lease contract, the Defendant again entered into a contract with the Plaintiffs on May 24, 2013, stipulating that each of the instant real estate is monthly rent at KRW 2.2 million and the lease period as of June 14, 2015 (hereinafter “instant lease contract”).

C. Upon the expiration of the term of the instant second lease contract, there was a dispute over the extension of the term of lease between the Plaintiffs and the Defendant, but the Defendant, in addition, concluded a contract with the Plaintiffs regarding each of the instant real estate by April 15, 2016 (hereinafter “third lease contract of this case”).

The Defendant paid the Plaintiffs the full amount of the rent and unjust enrichment equivalent to the rent until September 14, 2016 regarding each of the instant real estate, and possessed each of the instant real estate until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 12, and 13, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the period of the third lease contract of this case concerning each of the instant real estate has expired, barring any special circumstance, the Defendant, a lessee, from the Plaintiffs, a joint lessor, to the date of delivery of each of the instant real estate, KRW 2,200,000, which is the unjust enrichment equivalent to the rent from September 15, 2016 to the date of delivery of the instant real estate.

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