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(영문) 서울북부지방법원 2018.04.11 2017가단10067
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver one story 92.6 square meters of real estate listed in the separate sheet;

(b) 3,300,000 won;

Reasons

1. Facts of recognition;

A. On December 1, 2013, the Plaintiff leased a deposit of KRW 4,500,000, monthly rent of KRW 900,000, and one year from January 17, 2014, among real estate listed in the attached Table list (hereinafter “instant real estate”) to the Defendant on several occasions, and the said lease agreement was implicitly renewed on several occasions.

B. The Plaintiff and the Defendant agreed to terminate the said lease agreement on February 17, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. According to the above facts of recognition, the defendant is obligated to deliver the real estate of this case to the plaintiff and return the profits earned by occupying and using the real estate of this case without any legal ground.

Furthermore, in ordinary cases, the amount of profit from the possession and use of the real estate is the amount equivalent to the rent of the real estate. As seen earlier, since the rent of the above real estate is KRW 900,00 per month, the amount of unjust enrichment from February 17, 2017, which was the date of termination of the above lease agreement, to June 8, 2017, which the Defendant asserted that the use of the real estate was terminated, shall be KRW 3,313,972 (monthly x 90,000 x 12 months x 112 days / 365 days, and less than won).

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay KRW 3,300,000 to the Plaintiff within the scope of the above unjust enrichment.

3. In conclusion, the claim of this case is justified and it is so decided as per Disposition.

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