(영문) 창원지방법원밀양지원 2015.06.24 2013가단2865

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(영문) 창원지방법원밀양지원 2015.06.24 2013가단2865

건물명도 등

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1. The Defendants jointly and severally receive KRW 63,000,000 from the Plaintiff, and as well as D. When they are smuggling to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 1, 2004, the Plaintiff’s father E (hereinafter “the deceased”) concluded a lease agreement (hereinafter “the instant lease agreement”) with the Defendants by setting a deposit amount of KRW 63,00,000, monthly rent of KRW 2,000,000 (the amount shall be reduced to KRW 1,70,000,000 from November 1, 201 to June 30, 201), and the contract term of the lease agreement until February 28, 2007 (the period shall be extended to June 30, 2013).

B. On February 1, 2013, the Deceased notified the Defendants that the instant lease agreement was terminated on June 30, 2013, and at the same time, the lease deposit was returned until June 30, 2013 and the transfer of the instant real estate was requested.

C. On March 28, 2013, the Plaintiff donated the instant real estate from the Deceased and completed the registration of ownership transfer on March 28, 2013, and on the same day, the instant lease agreement was terminated on June 30, 2013, and notified the Defendants that the instant lease was returned by June 30, 2013, and simultaneously transferred the instant real estate.

The Defendants possess the instant real estate from March 1, 2004 to the present date and operate a gas station.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4 (including paper numbers), purport of the whole pleadings

2. According to the above fact-finding on the cause of the claim, the instant lease agreement was terminated on June 30, 2013 on the expiration of the lease term.

As such, the Defendants are jointly and severally obligated to deliver the instant real estate to the Plaintiff, and the Defendants are obligated to return the monthly rent of the instant real estate and the unjust enrichment from the possession and use of the instant real estate from March 1, 2013 to the completion date of delivery of the instant real estate. Since the amount of unjust enrichment is ordinarily the amount equivalent to the rent of the said real estate, it shall be KRW 1,700,000, which is the rent recognized earlier, and the subsequent rent shall also be the same.

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