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(영문) 서울동부지방법원 2020.02.12 2019나24041
건물명도(인도) 등
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant is the co-defendant of the first instance court.

Reasons

1. The scope of the judgment of this court is limited to ① the delivery of the building, ② the return of unjust enrichment equivalent to the overdue rent and the rent, ③ the payment of the amount of indemnity equivalent to the electricity royalty, respectively, against the Defendant and the co-defendants of the first instance trial (hereinafter “claim”). The Defendant appealed only to the Defendant, ② the Defendant, and ③ the claim, and the scope of the judgment of this court is limited to the above and the claim.

2. Basic facts

A. On January 19, 2018, the Plaintiff leased a building indicated in the attached Table as a joint lessee by designating the Defendant and the co-defendants of the first instance trial as a deposit of KRW 15 million, monthly rent of KRW 15 million (including value-added tax), KRW 1540,000,000 for monthly rent payment, and the period of lease from February 1, 2018 to January 31, 2019.

(hereinafter “instant lease agreement”). B.

The Defendant and the co-defendants of the first instance trial paid KRW 1.5 million out of the lease deposit to the Plaintiff on the date of entering into the instant lease agreement, and paid up to March 2018, but did not pay the following monthly rent.

C. On July 3, 2018, the Plaintiff paid a total of KRW 537,280 on behalf of the Defendant and the co-defendants of the first instance trial on behalf of the Defendant.

Around December 1, 2018, the complaint of this case, on which the Defendant and the co-defendants of the first instance trial expressed their intent to terminate the instant lease agreement on the grounds of the delinquency in rent for at least two years, reached both the Defendant and the co-defendants of the first instance trial.

E. On May 27, 2019, the Plaintiff sold the instant building to I, and completed the registration of ownership transfer to I on July 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence No. 4, the purport of the whole pleadings

3. Determination

A. (1) With respect to the Plaintiff’s assertion on the overdue rent and the claim for return of unjust enrichment equivalent to the rent in arrears, the Defendant and the co-defendants of the first instance trial on April 1, 2018, on the day following the last payment date of the rent in arrears.

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