(영문) 대구지방법원경주지원 2020.05.26 2019가단13745

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(영문) 대구지방법원경주지원 2020.05.26 2019가단13745

건물명도(인도)

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1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet, and the separate sheet from July 26, 2019.

Reasons

1. Determination on the cause of the claim

A. On April 12, 2019, the Plaintiff: (a) leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendants on a deposit (hereinafter “30 million won”; (b) leased the instant real estate with the term “24 months from the delivery date”; and (c) delivered the instant real estate to the Defendants; (d) the Plaintiff and the Defendants agreed to the effect that the lessor may request the termination of the contract when the illegal business occurred; and (e) the lessee shall immediately perform the contract with the trade name “D”; and (c) on July 23, 2019, the Plaintiff sent the content-certified mail verifying the termination of the instant lease to the Defendants on July 25, 2019, and that the said mail reached the Defendants on July 25, 2019; or (e) the Plaintiff and the Defendants agreed to the effect of the entire pleadings, taking into account the following as a whole: (e) the agreement between the parties concerned; (e) the Plaintiff and the Defendants.

B. According to the above facts as to the claim for the delivery of real estate of this case, since the lease of this case was terminated on July 25, 2019 by the plaintiff's notice of termination on the ground of the violation of the special agreement, the defendants are jointly obligated to deliver the real estate of this case, which is the object of this case, to the plaintiff.

C. According to the above facts as to the claim for unjust enrichment, the Defendants are obligated to return the amount equivalent to the profits from the use of the instant real estate from July 26, 2019 to the completion date of delivery of the instant real estate.

In ordinary cases, the amount of profit from the possession and use of real estate is equivalent to the rent of such real estate, and the amount equivalent to the rent after the termination of the lease of this case shall be confirmed as being KRW 1,300,000 per month, which is the rent of the real estate of this case,

Therefore, the Defendants jointly do so to the Plaintiff from July 26, 2019.

유사 판례

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-수원지방법원성남지원 2020.09.23 2019가단14812

-창원지방법원 진주지원 2021.01.13 2020가단33878