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(영문) 부산지방법원 2015.07.03 2015가단213205
건물인도 등
Text

1. The Plaintiff:

A. From 70,000,000 to 70,000 won, Defendant B’s month from February 27, 2015 to the next completion of delivery.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence 1, Gap evidence 2-1, Eul evidence 3, and Eul evidence 1.

Around December 2, 2011, Defendant B acquired the right of lease of part 30 square meters on the ship (A) and part 30 square meters (hereinafter “the part of the instant building”) connected each of the items in Annex A, 2, 3, 4 and 1 among the 1st floor of commercial buildings listed in the separate sheet, which are owned by the Plaintiff (hereinafter “the instant lease contract”). On February 4, 2013, Defendant B concluded a lease contract for the part of the instant building with respect to the Plaintiff and the end of February 3, 2000, 3,200,000, 3,200,000, and the period of February 26, 2015 (hereinafter “the instant lease contract”). At the time, the Plaintiff agreed to return the said lease deposit to Defendant B, and the remainder of KRW 15,00,000,000,000 to Defendant C, respectively.

B. Meanwhile, Defendant C received delivery of the instant building part from Defendant B, and operated the clothing point in the instant building until the date of closing the argument in the instant case.

C. However, around December 31, 2014, the Plaintiff notified Defendant B of the purport to refuse to renew the instant lease agreement and seek to deliver the instant building portion.

2. Determination

A. According to the facts of the determination as to the cause of claim, the instant lease agreement was terminated on February 26, 2015, and it is confirmed that the amount of unjust enrichment equivalent to the rent for the instant building after the expiration of the said lease agreement would be the same amount as that for the instant lease agreement. Therefore, as the Plaintiff seeks pursuant to the aforementioned return agreement at the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant B would receive the remainder of money calculated by deducting the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 3,200,000 from KRW 70,000 to February 27, 2015 to the next day after delivery.

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