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(영문) 울산지방법원 2017.08.22 2017가단4125
건물명도
Text

1. The Defendant shall deliver to the Plaintiffs the entire three-story of 175.92 square meters among the buildings listed in the attached list, and the foregoing from May 1, 2017.

Reasons

1. Determination as to the cause of the claim (1) concluded a lease contract between the Plaintiffs and the Defendant on December 3, 2010 with respect to the building indicated in the Disposition No. 1 (hereinafter “instant building”), with a lease deposit of KRW 10 million, KRW 1210,000,000 for the monthly rent, and KRW 210,000 for the period of two years; (2) The Defendant filed a lawsuit in the instant case for six months in arrears and filed a claim for unjust enrichment equivalent to the delivery of the building and the rent; and (3) The Defendant paid the rent up to April 2017 may be recognized either as a dispute between the parties or as a whole by taking account of the descriptions set forth in the Evidence No. 1 to No. 4.

According to the above facts, since the lease contract on the building of this case was terminated as the defendant's default, the defendant is obligated to deliver the building of this case to the plaintiffs, and to pay unjust enrichment equivalent to the rent calculated at the rate of KRW 1210,000 per month from May 1, 2017, which was unpaid.

2. Full acceptance of the Plaintiffs’ claim.

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