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(영문) 대구지방법원포항지원 2015.11.17 2015가단2377
건물명도 및 임대료
Text

1. The defendant delivers to the plaintiff the cement brick structure slock slock slock slock slock slock slock 82.5 square meters to the plaintiff.

Reasons

Considering the overall purport of the pleadings in each entry of Gap evidence Nos. 1, 2, 3, and 5 (including the number of branch numbers), the fact that the defendant from April 2006 possessed and used the building as indicated in the order owned by the plaintiff (hereinafter "the building of this case") can be recognized.

According to the above facts, the defendant is obligated to deliver the building of this case to the plaintiff and return unjust enrichment equivalent to the rent due to the possession and use of the building of this case.

Furthermore, according to the result of the appraisal commission with respect to the amount of unjust enrichment, the fact that the rent assessed totaling 30,346,374 from June 30, 2007 to June 29, 2015, and the rent assessed after June 30, 2015 can be acknowledged as the fact that the rent assessed after June 30, 2015 constitutes 353,000 per month.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount equivalent to the rent calculated by the ratio of KRW 30,346,374, and KRW 353,00 per month from June 30, 2007 to June 29, 2015, which was the amount equivalent to the rent that the Plaintiff seeks from June 30, 207 to June 29, 2015, as unjust enrichment, from June 30, 2015 to the delivery date of the building.

If so, all of the plaintiff's claims are accepted as reasonable.

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