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(영문) 서울남부지방법원 2018.06.21 2017가단252240
건물명도(인도)
Text

1. The Defendants shall jointly:

A. The real estate stated in paragraph 3 of the attached list is handed over to Plaintiff A, and on December 11, 2017.

Reasons

1. The plaintiff A is the owner of the real estate listed in paragraph 3 of the attached list, and the plaintiff B and C are the co-owners of each 1/2 share of the real estate listed in paragraphs 1 and 2 of the attached list.

On July 1, 2014, the Plaintiffs concluded a lease agreement between the Defendants and each real estate listed in the separate sheet as KRW 30,000,000 (Plaintiff A5,00,000, KRW 12,500,000, KRW 12,500, and KRW 3,100,000 for monthly rent (Plaintiff A820,000, KRW 1,140,00 for Plaintiff B, and KRW 1,40,00 for each of the following items), from July 1, 2014 to June 30, 2016.

(hereinafter “instant lease agreement”). On July 19, 2017, the Plaintiffs notified the termination of the instant lease agreement on the grounds that the Defendants did not pay two or more rents. As of December 10, 2017, the Defendants’ amount of unjust enrichment for the unpaid rent or rent-free loan is KRW 30,000,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of finding the cause of the claim, the plaintiffs entered into the instant lease agreement stipulating that their own real estate is deposit money and monthly rent, and it is reasonable to view that the instant lease agreement was lawfully terminated upon the plaintiffs' declaration of termination due to the defendants' declaration of termination due to the unpaid rent.

Therefore, the Defendants are jointly obligated to jointly deliver to Plaintiff A the real estate listed in the separate sheet No. 3, and pay 820,000 won per month from December 11, 2017 to the completion date of delivery of the said real estate as unjust enrichment from the next rent party, and 2) deliver each real estate listed in the separate sheet No. 1, No. 1, No. 2 to Plaintiff B and C, and pay the money calculated at the rate of 1,140,000 won per month from December 11, 2017 to the completion date of delivery of each of the said real estate as unjust enrichment.

Although the plaintiffs sought unjust enrichment equivalent to the rent determined by each individual by the completion date of delivery of the entire real estate stated in the separate sheet, the plaintiffs' real estate owned by each individual.

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