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(영문) 대구지방법원김천지원 2016.09.28 2016가단2877
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the first floor of the building indicated in the attached Form, each point of the attached Form 1, 2, 3, 4, and 1 shall be in sequence.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Giving benefits for the return of unjust enrichment on the ground that a part of dismissal was benefiting without any legal ground. As such, in a case where a lessee continued possession of the leased building after the lease contract relationship was terminated, but no substantial benefits have been gained due to the failure to use it or make profits according to the original purpose of the lease contract, even if the lessor suffered losses, the lessee’s obligation to return unjust enrichment is not established. The same applies to the case where the lessee did not use or make profits from the leased building, or the lessee did not take out his/her facility due to the lessee’

(See Supreme Court Decision 98Da8554 Decided July 10, 1998). Since there is no evidence to acknowledge that the Defendant, after August 11, 2015, uses and benefits from the part of the building indicated in the order after delivery of a copy of the complaint of this case, pursuant to the original purpose of the lease contract, the Plaintiff’s assertion seeking return of unjust enrichment equivalent to rent is without merit.

[Therefore, the overdue rent from October 1, 2015 to August 10, 2016 that the defendant should pay to the plaintiff is 5,161,290 won [=500,00 won x 10/310,000 won x 10/31), and less than won];

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