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(영문) 서울중앙지방법원 2016.11.08 2016가단5163441
건물명도
Text

1. The defendant against the plaintiffs

(a) Of the first floor of the underground of the building listed in the attached Form, each point of the attached Form 1, 2, 3, 4, and 1.

Reasons

1. Judgment on the party's assertion

A. Disposition No. 1 of the judgment on the cause of the claim

On February 23, 2015, the plaintiffs, the co-owners of the buildings listed in the paragraph, who were the co-owners of the above building, agreed to the defendant each point of (A) section 115.7 square meters (hereinafter referred to as "the real estate in this case") among the above building in sequence 1,6 million won, monthly rent of KRW 1,40,000,000 and KRW 400,000,000 (excluding value-added tax) for the management expenses, and from February 23, 2015 to December 12, 2015. The plaintiffs notified the defendant of the termination of the above lease on the ground that the lease was delayed on March 4, 2016 did not conflict between the parties, or the plaintiffs expressed their intention to the whole entries and arguments of Gap 1, Gap 2, Gap 7-1 and the above right to terminate the lease agreement to the defendant on June 22, 2016.

Therefore, according to the effect of termination of the above lease contract, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and pay unjust enrichment calculated by the ratio of KRW 2,081,00,000,000 per month from June 23, 2016 to the completion of delivery of the said real estate (i.e., rent and management fee of KRW 1.80,00,000,000,000,000).

Meanwhile, the plaintiffs are obligated to pay 16 million won to the defendant upon the termination of the above lease agreement. Since the plaintiffs expressed their intent to deduct 20810,000 won, such as the above overdue rent, etc. from the above deposit, the plaintiffs are fully extinguished, and 4.10,000 won (=20810,000 won-16 million won), such as overdue rent, etc., to the plaintiffs.

(b) the defendant.

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