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(영문) 수원지방법원안산지원 2017.09.27 2017가단7583
건물인도 등
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party C:

A. The Attached Form 1. Of the first floor of the building indicated in the Attached List, the indication of the Attached Form 1.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Plaintiff (Appointed Party) and Appointed C (hereinafter “Plaintiffs”)

)은 2015. 4. 30. 원고들 소유의 별지 목록 기재 건물 1층 중 별지 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 ㈎부분 약 89.256㎡(이하 ‘이 사건 상가건물’이라 한다

(3) As to the lease contract, the lessee’s nominal owner shall be determined in 12 months from April 30, 2015 to April 30, 2016 as deposit money of KRW 21 million, monthly rent of KRW 630,000 (30 days later), and the lease contract to change the lessee’s nominal owner to the Defendant who is his/her dependent (hereinafter “instant lease contract”).

(2) The instant lease agreement was renewed until April 30, 2017, by failing to notify the Defendant of the refusal or change of the terms and conditions between six months and one month before the expiration of the lease term.

3) The Plaintiffs notified the Defendant of the refusal to renew the instant lease on three occasions on November 14, 2016, November 28, 2016, and December 26, 2016. However, the Defendant, while occupying and using the instant commercial building until now, paid the Plaintiff the rent by July 31, 2017. The Defendant, who did not have any dispute over the grounds for recognition, did not have any dispute over the ground for recognition, written evidence No. 1, evidence No. 2, evidence No. 1, and evidence No. 4, and the purport of the entire pleadings, as a whole.

B. Determination 1) As to the recognized portion of the instant lease agreement was terminated on April 30, 2017 by the lessor’s notification of rejection of renewal between six months and one month before the expiration of the lease term, the Defendant is obligated to deliver the instant commercial building to the Plaintiffs, and return the amount equivalent to the rent calculated at the rate of KRW 630,000 per month from August 1, 2017 to the completion date of delivery of the instant commercial building as unjust enrichment, barring any special circumstance. 2) The Plaintiffs are seeking for the payment of the amount of unjust enrichment equivalent to the rent from May 1, 2017 to July 31, 2017, but the Plaintiffs as seen earlier.

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