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(영문) 서울동부지방법원 2018.05.11 2017가단25056
건물명도(인도) 등
Text

1. The defendant is against the plaintiffs:

(a) Indication 2, 3, 8, 9, 9. of the attached Form No. 2, 3, 8, 9.

Reasons

1. Facts of recognition;

A. On September 8, 2015, the Plaintiffs, as co-owners of the buildings indicated in the indication of attached real estate, leased 20,000 square meters in the part (B) and 54 square meters in the ship (hereinafter “instant real estate”) connected each point of the attached Table 2, 3,8, 9, and 2 among the above real estate to the Defendant, as the co-owners of the buildings indicated in the attached Table’s real estate to be attached thereto, determined and leased from October 10, 2015 to October 9, 2017, with a deposit of 20,000,000 won, monthly rent of KRW 1,100,000 (including surtax), and the lease period of KRW

(hereinafter “instant lease agreement”). B.

The Defendant paid KRW 15,00,000,000 out of the deposit stipulated in the instant lease agreement, and was in arrears in using and making profits from the instant real estate, and accordingly, the Plaintiffs and the Defendant revised the deposit amount of the instant lease agreement to KRW 9,00,000 on May 2, 2016, and drafted a contract again.

C. Since the Defendant did not pay the monthly rent continuously, Plaintiff A knew on September 13, 2017 that the instant lease agreement was terminated on October 9, 2017, and expressed his/her intention to refuse the re-contract.

Even after the term of the instant lease agreement expires, the Defendant continues to possess the instant real estate, and the amount of unjust enrichment equivalent to the rent or rent in arrears as of November 9, 2017 is KRW 10,300,000 (the deposit is fully deducted).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, and the purport of the whole pleadings

2. According to the above facts of determination, the instant lease contract was terminated on October 9, 2017, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and to pay KRW 10,300,000 to the Plaintiffs for unjust enrichment equivalent to the rent in arrears as of November 9, 2017 or the rent in arrears as of November 10, 2017, and to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 1,100,000 per month from November 10, 2017 to the completion date of delivery of the instant real estate.

3. In conclusion, the plaintiffs' claim of this case is reasonable and acceptable.

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