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(영문) 창원지방법원 2019.01.09 2018가단113181
건물명도(인도)
Text

1.(a)

The Defendants indicated in the attached Form 1, 2, 3, 4, 5, 6, 7, 7, among the real estate indicated in the attached Form 1, 2, 3, 4, 5

Reasons

1. Determination as to the claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As seen earlier, as to the claim against Defendant D, the lease agreement on the part on the part on the ship among the instant building between the Plaintiff and the Defendant C was lawfully terminated due to the delinquency in payment. As such, Defendant D, the possessor, is obligated to deliver the said part to the Plaintiff along with Defendant C.

In addition, where multiple persons jointly use the property of another person without any legal cause, the obligation to return unjust enrichment is indivisible as an indivisible return of benefit, barring any special circumstance, and the indivisible obligation is an indivisible obligation, and each obligor is obligated to perform the entire obligation, and the other obligor is also exempted from the obligation to perform the obligation (see, e.g., Supreme Court Decision 2000Da13948, Dec. 11, 2001). In a loan for use or lease, the obligation of a joint borrower also has the nature of joint and several obligation (see Articles 616 and 654 of the Civil Act). Under such legal doctrine, Defendant D jointly with Defendant C, who is liable to pay to the Plaintiff the unjust enrichment calculated at the rate of 450,000 won per month from June 8, 2017 to the delivery of the above part (a).

The plaintiff's claim against the defendant D is accepted.

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