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(영문) 서울중앙지방법원 2019.06.11 2018가단5024496
건물명도(인도)
Text

1. The defendant shall receive KRW 159,619,240 from the plaintiff at the same time, and at the same time real estate stated in the attached Table.

Reasons

1. Facts of recognition;

A. As to the instant building, the Defendant entered into a lease contract with the former owner on July 20, 201, and from August 23, 2011 to August 22, 2013, with the term of 160,000,000, and from August 23, 2011 to August 22, 2013, and occupied the instant building after paying the deposit money. As to the instant building, the Defendant completed the registration of establishment of chonsegwon as the Seoul Central District Court’s Registration Office No. 11127, Oct. 7, 2011.

B. While the aforementioned lease contract was implicitly renewed, the Plaintiff succeeded to the said lease contract after purchasing the instant building on September 2015 and completing the registration of ownership transfer. The Plaintiff rejected the renewal of the said lease contract. Ultimately, the said lease contract was lawfully terminated on August 22, 2017.

C. On September 18, 2017, the Defendant, while holding a director in the instant building, delivered the instant building to the Plaintiff. There was a dispute over the amount of public charges, etc. to be deducted from the key money to be returned to the Plaintiff at that time and the Defendant.

Ultimately, on September 28, 2017, the Plaintiff calculated the Defendant’s public charges at KRW 513,170, and deducted the unpaid public charges from the key money, and deposited KRW 159,556,830 in return for the Defendant’s delivery of the instant building and cancellation of the registration of the right to lease on a deposit basis.

From July 2017, the management expenses incurred by the Defendant in relation to the instant building were increased to KRW 20,000 per month. On September 27, 2017, the Plaintiff paid KRW 97,600 as electricity charges for the instant building, KRW 133,630 as water charges, KRW 119,530 as gas charges, and KRW 50,000 as management expenses on September 29, 2017, KRW 50,00 as water supply charges, KRW 119,530 as gas charges.

[Reasons for Recognition] Facts without dispute, Gap 1 through 10, Eul 1 through 10, and 38; each fact-finding reply; the purport of the whole pleadings

2. The lawfulness of the deposit of repayment made by the Plaintiff and the occurrence of the claim for restitution of unjust enrichment

(a)the name and route of the building;

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