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(영문) 울산지방법원 2017.07.18 2017가단54342
건물명도(인도)
Text

1. The defendant shall receive KRW 20 million from the plaintiffs, and at the same time deliver the buildings listed in the separate sheet.

2...

Reasons

1. Facts of recognition;

A. On January 25, 2010, the Plaintiffs and the Defendant entered into a lease agreement with regard to the buildings listed in the separate sheet (hereinafter “instant building”), setting the lease deposit amount of KRW 20 million, KRW 1 million per month, and the lease period of KRW 2,00,000 per month (hereinafter “instant lease”) and delivered the said building to the Defendant, and the Defendant operated a restaurant at the said building.

B. On August 29, 2016, the contract continued to be renewed after the initial lease agreement was concluded. On August 29, 2016, Plaintiff A filed a 112 report with the pertinent Plaintiff on the following: (a) dialogue between the Defendant and the pertinent Plaintiff on whether to renew the lease of this case on the instant building; and (b) the Defendant’s walked to leave the said building.

C. In the criminal conciliation conducted on October 25, 2016 at the Ulsan District Prosecutors’ Office, the Plaintiff and the Defendant are to receive the premium from the Defendant to the new lessee until March 10, 2017 (the new lessee is at least KRW 30 million, monthly rent of KRW 1.2 million, and contract period of two years). If the new lessee fails to perform it, the Plaintiff and the Defendant will order the instant building without any condition.

“The agreement of this case (hereinafter referred to as “the agreement”) was made. D.

Until the closing date of the argument of this case, the introduction of the defendant did not make the plaintiffs enter into a lease agreement with a new lessee.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, and the purport prior to pleadings

2. According to the above facts of recognition, the lease of this case was terminated until March 10, 2017, as stipulated in the agreement of this case.

Therefore, the defendant is obligated to deliver the building of this case at the same time with the payment of the lease deposit amount of KRW 20 million from the plaintiffs.

However, the Plaintiffs seek unjust enrichment equivalent to the rent from March 11, 2017 to the delivery date of the instant building from March 1, 2017, the following day after the lease of this case is terminated, and thus, we examine this.

Legal causes.

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