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(영문) 서울동부지방법원 2016.04.08 2016가단5215
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

(b) from July 8, 2015, entry in the separate sheet.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. The dismissed part of the Plaintiff seeking delivery of the entire building indicated in the separate sheet, and sought unjust enrichment of KRW 600,000 per month by the completion date of delivery of the building. However, the part connecting 5,6,7,8, and 5 among the buildings listed in the separate sheet is not the object of the lease contract, and thus, the amount of unjust enrichment equivalent to the rent due to illegal occupation of the above part should be separately claimed. Since the Plaintiff did not separately claim for the above part, the unjust enrichment equivalent to the above rent should be paid only until the completion date of delivery of the leased object.

Therefore, the above excess portion claim cannot be accepted.

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