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(영문) 대전지방법원홍성지원 2017.04.05 2016가단7425
건물명도
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) deliver one story 243.89 square meters among the buildings listed in the separate sheet;

B. June 2016

Reasons

On September 11, 2015, the Plaintiff entered into a lease agreement with the Defendants to lease the instant building to each of the Defendants (hereinafter “instant lease agreement”) on a deposit of KRW 40,000,000, monthly rent of KRW 3,630,000 (including additional taxes), and from October 10, 2015 to October 9, 2017, and the Defendants delivered the instant building to the Defendants around October 10, 2015; the Defendants were unable to file a complaint on September 11, 2015, and the Defendants paid KRW 40,00,000,000 to the Plaintiff and KRW 3,630,00 from September 11, 2015 to KRW 30,000,00,000 among the instant building owned by the Plaintiff; or the Defendants paid the instant lease agreement to the Plaintiff only for the period of KRW 13,016,00,000,000 among the instant lease agreement.

According to the above facts, since the lease contract of this case was terminated, the defendants jointly and severally deliver the building of this case to the plaintiff, and as requested by the plaintiff, they are obligated to return the rent of this case calculated by the ratio of KRW 3,630,000 per month from June 1, 2016 to the completion date of delivery of the building of this case, or unjust enrichment equivalent to the rent of this case.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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