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(영문) 제주지방법원 2020.05.26 2019가단8558
건물명도 등
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party:

(a) deliver the buildings listed in the separate sheet;

(b) each of the 201.

Reasons

The Plaintiff (Appointed Party, hereinafter referred to as the “Plaintiff”) and the designated parties own 1/3 shares of each of the buildings listed in the separate sheet (hereinafter referred to as the “instant building”) and the Plaintiff leased the instant building to the Defendant on June 30, 2017 by setting the deposit amount of KRW 500,000, KRW 380,000, KRW 380,000, and the lease period of June 29, 2019. The fact that the Plaintiff occupied the said building without the Defendant’s rent from June 30, 2019, which was the expiration of the lease period, is either a dispute between the parties, or that the Plaintiff occupies the said building according to the purport of each entry in the evidence of subparagraphs A through 3 and all pleadings.

According to the above facts, the defendant is obligated to deliver the building of this case to the plaintiff and the designated parties and return unjust enrichment equivalent to the rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and the designated parties, and to pay the amount equivalent to the rent calculated by the ratio of KRW 126,666 per month from June 30, 2019 to the above delivery date, which is after the termination of each lease (i.e., monthly rent of KRW 380,00 x 1/3, and conversion of less than KRW 1/3).

Therefore, the claim of this case by the plaintiff and the designated parties shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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