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(영문) 부산지방법원 2016.06.29 2015가단85066
건물인도등
Text

1. From the Plaintiff:

A. From January 1, 2016 to December 1, 2016, Defendant B 9,000 to the second floor of the real estate stated in paragraph 1 of the attached Table.

Reasons

1. Claim against the defendant B

A. The facts of recognition 1) Defendant B’s second-story store of 80.92 square meters in the second-story store of real estate indicated in attached Table 1 from F on November 1, 2012 (hereinafter “real estate 1”).

(2) The Plaintiff purchased the first real estate from F on October 1, 2015 and completed the registration of transfer of ownership on October 16, 2015, on the following grounds: (a) the lease deposit amount of KRW 10 million; (b) the monthly rent of KRW 500,000; and (c) the period from November 1, 2012 to October 31, 2014.

[Grounds for Recognition] Confession

B. According to the facts found above, even if the lease contract between Defendant B and F was terminated on October 31, 2014 or implied renewed on or before October 31, 2015, Defendant B, as the owner of the first real estate, is obligated to deliver the first real estate to the Plaintiff at the same time receiving the remainder of the amount obtained by deducting unjust enrichment equivalent to the rent of KRW 500,000 from the lease deposit amount (= KRW 10,000,000 - KRW 10,000,000,000) on November 1, 2015 and December 2, 2015, as the Plaintiff succeeded to the lease contract from the Plaintiff.

2. Claim against Defendant C

A. The facts of recognition 1) Defendant C is the second floor housing of 56.86 square meters in the real estate indicated in the attached Table 2 from G on March 30, 2008 (hereinafter “second apartment”)

(2) The Plaintiff purchased the second real estate from G on July 25, 2014 and completed the registration of transfer of ownership on December 10, 2014, on the following grounds: (a) the lease deposit amount of KRW 30 million; (b) KRW 50,000 per month; and (c) the period from March 30, 2008 to March 29, 2010.

3) Meanwhile, Defendant C did not pay the rent from the date on which the Plaintiff acquired the ownership of the second real estate to the date on which the pleadings are concluded. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 3, 4, and 15,

B. According to the above facts of recognition 1, Defendant C and G are as follows.

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