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(영문) 서울북부지방법원 2016.04.29 2015가단30197
건물인도등
Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. As from June 23, 2015, Defendant B was above.

Reasons

1. Facts of recognition;

A. On August 17, 2014, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant C, the agent of Defendant C, by setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 300,000, and the lease term of KRW 18,000 from August 18, 2014 to August 18, 2016.

B. Around that time, Defendant B paid a lease deposit to the Plaintiff and received the instant real estate, and the Defendants currently occupied and used the instant real estate.

C. On June 2015, the Plaintiff agreed with the Defendants and the Defendants that the instant lease agreement was terminated on June 22, 2015, and the Defendants delivered the instant real estate to the Plaintiff by the said date.

On June 22, 2015, the Plaintiff settled the remainder after deducting the unpaid rent and management expenses from the lease deposit of KRW 5,000,000,000, and paid KRW 3,100,000 to Defendant C.

However, the Defendants did not deliver the instant real estate to the Plaintiff.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and Defendant B is obligated to pay unjust enrichment equivalent to the rent calculated at the rate of KRW 300,000 per month from June 23, 2015 to the delivery date of the instant real estate, as sought by the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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