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(영문) 서울중앙지방법원 2020.02.12 2019나29258
건물명도 청구의 소
Text

1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

In the lawsuit of this case.

Reasons

1. The progress of litigation and the scope of adjudication

A. At the first instance court, the Plaintiffs filed a claim for the delivery of the portion (A) of the attached Form No. 1, (2), (3), (4), and (50,00 won connected each point in sequence to the Defendants’ stores (hereinafter “instant store”) and the claim for restitution of unjust enrichment equivalent to the rent in arrears and the claim for restitution of unjust enrichment equivalent to the rent in arrears (from February 2, 2018 to December 2018, 42,350,000 won in arrears, and from December 30, 2018 to December 30, 2018, the Plaintiffs filed a claim for reimbursement of unjust enrichment equivalent to the rent in arrears, calculated at the rate of 3,850,000 won in monthly,80,000 from the date of delivery of the instant store), unpaid management expenses and management expenses, and the claim for restitution of unjust enrichment equivalent to the unpaid management expenses (from October 10, 2017 to December 10, 2018).

B. The first instance court accepted the Plaintiffs’ request for extradition of the instant real estate and the above claim for payment of money, and appealed only to the part of the Defendants’ claim for payment of money among the parts against which the Defendants lost.

C. The Plaintiffs specified the claim for the return of unjust enrichment equivalent to the overdue rent and management fee in arrears from February 2, 2018 to June 10, 2019, which was the date of the actual delivery, as follows: 62,83,33 won in arrears and unjust enrichment equivalent to the overdue rent and management fee from June 10, 2019; and the claim for the return of unjust enrichment equivalent to the unpaid management fee and management fee from October 10, 2017 to June 10, 2019 to June 2, 2036, 65,119,99 won in arrears and added the claim for the damages for delay; and the costs of litigation (8,030,000 won), expenses for delivery execution (3,457,90 won), electric utility charges (474,960 won), unpaid expenses (4,960 won), expenses for restitution (7,930 won), and each restitution to the original state.

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