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(영문) 제주지방법원 2016.08.23 2015가단19017
건물인도
Text

1. The defendant delivers to the plaintiff a house of 59.50 square meters in Seopo-si, Seopo-dong 779-3 above, Seopo-dong, Seopo-dong 779-3.

Reasons

1. Comprehensively taking account of the respective descriptions of evidence Nos. 1 through 4 (Ga number omitted) and the overall purport of testimony and pleadings by witnesses A, the Plaintiff entered into a lease agreement with the Defendant on February 1, 2014, stipulating that the building mentioned in paragraph (1) of the Disposition No. 1 (hereinafter “instant building”) shall be leased by setting the lease period from January 1, 2014 to January 31, 2015; thereafter, the Plaintiff agreed to extend the above lease period with the Defendant until January 31, 2016, and then, on October 22, 2015, that “the above lease period may not be extended.” Meanwhile, the Defendant continued to use and profit from the instant building from the date of the conclusion of the instant lease agreement to the date of the closing of pleadings, etc., and the lease agreement between the Plaintiff and the Defendant cannot be acknowledged as being terminated by the expiration of the lease period from January 1, 2016.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay unjust enrichment equivalent to the rent of KRW 3,00,000 per annum from February 1, 2016 to the completion date of delivery of the instant building.

2. Accordingly, the plaintiff's claim of this case is accepted on the grounds of all reasons.

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