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(영문) 서울서부지방법원 2016.06.29 2015가단246141
건물명도
Text

1. The defendant delivers the buildings listed in the separate sheet to the plaintiffs, and from March 22, 2016 to the above delivery.

Reasons

1. Facts of recognition;

A. From around 2009, the Defendant leased the building indicated in the separate sheet (hereinafter “instant building”) from D and carried on singing business.

From November 22, 2013 to November 21, 2015, the term of lease is 30,000,000 won, and the monthly rent is 90,000,00 won.

(hereinafter “instant lease agreement”). B.

On April 22, 2015, the Plaintiffs succeeded to the status of a lessor under the instant lease agreement by jointly purchasing the instant building from the said D and completing the registration of ownership transfer.

C. On October 13, 2015, the Plaintiffs notified the Defendant that they want to extend the contract, as they do not want to do so any longer. As such, the Plaintiffs notified the Defendant that they want to deliver the instant building.

Until now, the defendant occupies the building of this case and carries on singing business, and the rent after March 22, 2016 is unpaid.

The rent for the instant building seems to be KRW 900,000 per month without a big change before or after the termination of the instant lease agreement, and there seems to be no big change in the future.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. The allegations by the parties and the plaintiffs in the judgment of the court of this case were terminated, and accordingly, they seek the delivery of the building of this case and the return of unjust enrichment equivalent to the rent.

According to the above facts, the lease contract of this case was terminated on November 21, 2015.

Therefore, the defendant is obligated to deliver the building of this case and return unjust enrichment equivalent to the rent to the plaintiffs.

(However, the right of unjust enrichment equivalent to the plaintiffs' fees belongs to 1/2 of each share in co-ownership. Accordingly, the defendant claims the return of the premium amounting to 52,00,000 won, but the defendant has grounds for claiming the return of the premium to the plaintiffs.

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