(영문) 서울남부지방법원 2017.11.23 2017가단241554

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(영문) 서울남부지방법원 2017.11.23 2017가단241554

건물명도(인도)

Text

1. From 50,00,000 to 50,000 won, the Defendant shall deliver the real estate listed in the separate sheet from April 20, 2017 to the completion date of delivery of the real estate.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Part concerning partial dismissal

A. The facts stated in the plaintiffs' claims and the grounds for the claims are as follows: a lease agreement on real estate stated in the separate sheet entered into between the plaintiffs and the defendant (the "real estate stated in the separate sheet" shall be referred to as "the building of this case"), which is concluded between the plaintiffs and the defendant, and due to delay in the amount of KRW 8,500,000, the aggregate monthly rent for five consecutive months continued from April 20, 2017, the plaintiffs notified the termination and terminated the termination, and thus, the plaintiffs seek against the defendant the return of future unjust enrichment, including the delivery of the building of this case, the payment of overdue rent, and unjust enrichment that has already occurred.

B. On the other hand, even if the plaintiffs' assertion itself is viewed as the reasons for the claim, the plaintiffs are obligated to pay the amount calculated by deducting the sum of overdue rent, unjust enrichment occurred, and future unjust enrichment from April 20, 2017 to April 20, 2017 to the defendant's completion of delivery of the building of this case, and the above obligations of the plaintiffs are concurrent performance relationships with the defendant's duty of delivery of the building of this case.

(see, e.g., Paragraphs 4(2) through 6). (c)

Therefore, the defendant shall receive and redeem the remaining money from the plaintiffs after deducting the money calculated by the ratio of KRW 1,700,000 per month from April 20, 2017 to the completion date of delivery of the building of this case (e.g., delayed rent, existing unjust enrichment, future unjust enrichment), and the defendant shall issue an order to deliver the building of this case to the plaintiffs, and where the amount of KRW 50,000,000 is all extinguished due to the above deduction, the defendant shall be ordered to deliver the building of this case to the plaintiffs.

참조조문

-민사소송법 제208조 제3항 제1호

-민사소송법 제257조

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