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(영문) 서울중앙지방법원 2016.02.18 2015가단115532
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From December 30, 201 to December 29, 2012

Reasons

1. Basic facts

A. Around October 3, 2010, C, the owner of the instant building, entered into a lease agreement with the Defendant, setting the lease term as KRW 2,500,00 (no security deposit) from October 11, 201 to January 11, 201 with respect to the instant building as the monthly rent of KRW 2,50,00 (no security deposit). Around January 11, 201, C and the Defendant agreed to extend the lease term by one month.

B. On December 30, 201, C completed the registration of transfer of ownership on the instant building on December 29, 201 with respect to the Plaintiff, her mother, for sale.

C. The defendant currently occupies and uses the building of this case.

[Grounds for recognition] Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts of recognition, the Defendant is obligated to deliver the instant building to the Plaintiff, the owner of the instant building, barring any special circumstances, and the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the rent from December 30, 201, which the Plaintiff acquired ownership of the instant building, to the time the Defendant delivers the instant building to the Plaintiff.

B. Furthermore, we examine the amount of unjust enrichment to be returned by the defendant.

According to the court's entrustment of appraisal of rent to an appraiser, the amount equivalent to monthly rent for the building of this case which has no security deposit shall be KRW 1,19,00 per month from December 30, 201 to December 29, 2012, and KRW 1,159,00 per month from December 30, 201 to December 29, 201, and KRW 1,159,00 per month from December 30, 201 to December 29, 2013, and KRW 210,00 per month from December 30, 201 to December 29, 2014, barring any special circumstance, the amount equivalent to KRW 1,290,00 per month from December 30, 201 to September 30, 2015, and the amount equivalent to the security deposit may be recognized as KRW 1,290,000 after October 10, 2015.

Therefore, the Defendant: (a) from December 30, 201 to December 29, 2012, and KRW 1,119,000 per month; (b) from December 30, 201 to December 29, 2013; (c) KRW 1,159,00 per month; (d) from December 30, 201 to December 29, 2013 to December 30, 2014; and (e) from December 30, 2014 to December 29, 2014, the instant building.

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