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(영문) 제주지방법원 2020.11.27 2020가단57693
건물인도
Text

The Defendants jointly do so to the Plaintiff:

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

B. From March 5, 2020, the above buildings.

Reasons

According to the overall purport of evidence Nos. 1-1, 1-2, and 1-2, and 2, the Plaintiff: (a) on July 25, 2018, the Plaintiff leased the building listed in the attached Table C (hereinafter “instant building”) to the Defendant Co., Ltd. for a fixed period of KRW 10 million, monthly rent of KRW 1210,000,000 (including value-added tax) and the contract term from July 26, 2018 to July 25, 2021; (b) the Plaintiff and the Defendants agreed to change the lessee of the instant building from the Defendant Co., Ltd. to Defendant B from the Defendant Co., Ltd. on December 10, 2018; and (c) the Defendant did not pay monthly rent after July 26, 2019 and delivered the Plaintiff’s lease contract to the Defendant on June 1, 202, and the Defendants possessed the instant building as of the closing date of pleadings.

Therefore, the Defendants are jointly obligated to deliver the instant building to the Plaintiff, and to return unjust enrichment equivalent to the rent or rent, calculated at the rate of KRW 1210,000 per month from July 26, 2019 to the completion date of delivery of the building.

As to this, Defendant B expressed his intent to offset the Plaintiff’s claim for return of unjust enrichment equivalent to the Plaintiff’s rent or rent by the right to claim the return of deposit, the amount of rent (=9.80,000 won =1210,000 won x 8/30,000 won) incurred from July 26, 2019 to March 4, 2020 was extinguished by offset (=1210,000 won x 8/30,000 won).

Therefore, the Defendants jointly have the duty to jointly return the rent or unjust enrichment calculated by the ratio of KRW 1210,000 per month from March 5, 2020 to the completion date of delivery of the building.

The plaintiff's claim is reasonable within the scope of the above recognition, and the remainder is dismissed.

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