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(영문) 울산지방법원 2019.08.22 2019가합12783
부동산인도 등 청구의 소
Text

1.(a)

The Defendants deliver to the Plaintiff the real estate listed in the attached list.

B. The Defendants shall be jointly and severally.

Reasons

1. Indication of claim;

A. The Plaintiff is the owner of a lot lot land and a building in Ulsan-gu, Ulsan-gu (hereinafter “instant real estate”).

Defendant B, on January 2, 2018, entered into a lease agreement between the Plaintiff and the instant real estate, which is a deposit of KRW 30,000,000, rent of KRW 4,000,00 (additional tax separate), and the lease period from January 4, 2018 to January 3 (36, 2021), and Defendant C is a lessee who directly occupies and uses the instant real estate.

B. Defendant B entered into a lease agreement with the Plaintiff on the said terms and conditions, and paid the rent to four occasions, including KRW 4,00,000 on May 9, 2018, and KRW 5,200,000 on July 23, 2018, and did not pay the rent continuously thereafter.

C. Although Defendant C issued a written confirmation, etc. to the Plaintiff that he was responsible for and paid as a joint and several surety of Defendant B, Defendant C, as a person responsible for Defendant B’s failure to pay the unpaid rent to the Plaintiff, Defendant C paid KRW 10,000,000 on December 29, 2018, and KRW 10,000 on January 23, 2019, only paid KRW 10,000 as a rent.

Therefore, the Defendants are jointly obligated to deliver the instant real estate to the Plaintiff who terminated the said lease agreement with the delivery of the duplicate of the instant complaint, and jointly and severally pay the unpaid rent of KRW 36,760,00 [36,40,000 x 16 months (from January 4, 2018 to April 4, 2018)] and unjust enrichment of KRW 33,640,000 equivalent to the monthly rent from May 4, 2019 to the completion date of delivery of the instant real estate].

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

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