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(영문) 서울중앙지방법원 2015.06.05 2014가합57469
건물명도 등
Text

1. The defendant shall receive KRW 500,000,000 from the plaintiff (appointed party) and the appointed party C at the same time.

Reasons

On February 8, 2011, the Plaintiff (Appointed Party) and the appointed Party C (hereinafter “Plaintiff, etc.”) paid KRW 500,000,000 to the Defendant on the attached list (hereinafter “the instant apartment”) and KRW 3,300,000 per month of lease deposit (payment on February 21, 201), and the lease period from February 21, 201 to February 20, 2013 (hereinafter “the instant lease agreement”); the Defendant paid KRW 500,000,000 to the Plaintiff, etc. on February 21, 201, and the Plaintiff, etc. delivered the instant apartment to the Defendant on the same day, and the Plaintiff, etc. was implicitly renewed on February 20, 2013, or the Plaintiff, etc. paid the amount of the instant apartment to the Plaintiff, etc. by all the parties to the instant lease agreement or the entire amount of the instant lease agreement to the Plaintiff, etc. on April 20, 2015.

Plaintiff

The fact that the complaint of this case delivered to the defendant on December 3, 2014 that the defendant had expressed his/her intention to refuse to renew the instant lease agreement while seeking the transfer of the apartment of this case is clear.

According to the above facts, since the lease contract of this case terminated on March 20, 2015, the expiration date of March 20, 2015, the defendant is obligated to deliver the apartment of this case to the plaintiff, etc. at the same time receiving KRW 500,000,000 from the plaintiff, etc.

Furthermore, the Defendant, despite the termination of the instant lease agreement, continuously occupies and uses the instant apartment and takes a reasonable amount of the rent without any legal cause. As such, the Defendant is obliged to pay the Plaintiff, etc. the amount of money calculated at the rate of KRW 3,300,000 per month from April 21, 2015 to the completion date of delivery of the instant apartment due to the return of unjust enrichment.

If so, the plaintiff et al.

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