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(영문) 서울중앙지방법원 2020.09.24 2020가합569550
건물인도
Text

Defendant:

A. Plaintiff A Co., Ltd., 1 attached Form

1. Among buildings entered in the list, 7 stories of 349.11 square meters and 365.49 square meters of 8 stories shall be respectively.

Reasons

1. Attached Form for indicating the request;

2. The description of the cause of the claim;

2. Article 208 (3) 1, and Article 257 (1) of the Civil Procedure Act of the applicable Act;

3. As to the part of the part rejecting the Plaintiff Company B’s claim, the Plaintiffs asserted that the lease deposit amount of KRW 60,00,000 under the lease agreement, and that the Defendant’s unjust enrichment equivalent to the management fee not paid to the Plaintiff Company B from December 1, 2019 to July 31, 2020 is the aggregate of KRW 59,102,785, and the Defendant’s failure to submit a written reply is deemed to have led to confession as to that fact.

Therefore, the Defendant is obligated to pay the Plaintiff Company B with unjust enrichment equivalent to the management expenses, on the ground that the Defendant had the claim to refund the lease deposit amount of KRW 897,215 (=60,000,000 - KRW 59,102,785), which is the difference between the Plaintiff Company A and the Plaintiff Company.

(E) This part seems to be erroneous. According to the purport of the claim filed by the Plaintiffs in this case, KRW 897,215 is appropriated for the amount of KRW 6,030,000 for unjust enrichment equivalent to the management expenses that the Defendant paid in August 2020.

Therefore, the Defendant’s unjust enrichment of 5,132,785 won equivalent to the remaining management expenses to be paid to Plaintiff B in August 2020 (=6,030,000 won - 897,215 won) and attached Forms from September 1, 2020

1. Of the buildings indicated in the list, the Plaintiff is obligated to pay the amount calculated at the rate of KRW 6,030,000 per month until all the Plaintiff Company is handed over to the Plaintiff Company. The Plaintiff Company B’s claim that goes beyond the above recognition scope is dismissed on the ground that there is no justifiable reason.

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