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(영문) 창원지방법원마산지원 2019.01.30 2018가단104583
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. The Plaintiff:

(a) Defendant B shall be KRW 2,100,000; and

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Claim against Defendant B: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

3. Claim against Defendant C

(a) Part on request for delivery of a building: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

B. The portion of the claim for rent or unjust enrichment equivalent to rent: The plaintiff also sought payment of rent or unjust enrichment equivalent to rent. However, according to the evidence No. 3, the defendant C is only an occupant of the building listed in the separate sheet, but is not a party to the lease contract entered into between the plaintiff and the plaintiff. Thus, the part of claim for rent payment in the above claim by the plaintiff is without merit.

(However, since the owner of a real estate who has been illegally occupied can seek a return of the rent or unjust enrichment against the illegal possessor, the plaintiff can seek a return of unjust enrichment equivalent to the rent after the termination of the above lease contract against the defendant C, and the termination of the above lease contract shall be deemed as July 17, 2018, and the return of unjust enrichment that occurred after the termination of the lease contract shall be ordered).

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