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(영문) 서울남부지방법원 2015.12.09 2015가단27150
건물인도 등
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the real estate listed in the Schedule;

B. From May 11, 2013, the foregoing.

Reasons

1. Facts of recognition;

A. On January 14, 201, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendants, the married couple, as the deposit amounting to KRW 5,00,000, monthly renting to KRW 350,00, and the lease period from January 31, 201 to 24 months.

B. The Defendants did not pay the monthly rent from February 28, 2012, and the Plaintiff notified the Defendants of the termination of the said lease three times from April 8, 2013.

C. The Defendants occupied and used the instant real estate not later than the closing date of pleadings, and the rental deposit of KRW 5,000,000 was fully deducted from the unpaid monthly rent until May 10, 2013.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the instant lease agreement was terminated on the grounds that the Defendants were not paid rent.

As such, the Defendants jointly deliver the instant real estate to the Plaintiff as restitution, and bear the obligation to pay unjust enrichment of KRW 350,000 per month from May 11, 2013 to the date of full payment.

As to this, Defendant B alleged to the effect that the Plaintiff did not enter into the instant lease agreement with the Plaintiff and that her husband forged the Defendant C's lease agreement (Evidence A5). However, there is no evidence to acknowledge this, and the Defendant B's above assertion is without merit.

3. According to the conclusion, the plaintiff's claim is accepted for reasons.

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