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(영문) 수원지방법원여주지원 2019.07.24 2018가단57204
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the indication of the separate sheet A, B, F, E, and A shall be as follows.

Reasons

1. The Plaintiff’s indication of the claim is “the instant real estate” with the part 30.15 square meters or less on the part of the “1st floor C” connected each point of the real estate listed in the separate sheet among the real estate listed in the separate sheet for the reason of the rent-free delay, which is attached to the Defendant.

(2) The Defendant is obligated to deliver the instant real estate to the Plaintiff and pay unjust enrichment equivalent to the unpaid rent and rent, as it terminates by serving the duplicate of the instant complaint (Article 208(3)3 of the Civil Procedure Act).

3. On May 5, 2018, the Plaintiff seeking the return of unpaid rent and unjust enrichment from the rent-generating date, starting from May 5, 2018, from the date the delivery of the instant real estate was completed.

The Defendant is obligated to pay the Plaintiff the unpaid car calculated at the rate of KRW 260,000 per month from May 5, 2018 until June 5, 2019, which is the date of termination of the lease (the delivery date of the copy of the instant complaint).

However, there is no evidence to prove that the Defendant, from June 6, 2019 following the day following the day when the lease contract was terminated, gains a substantial benefit while using and earning the instant real estate according to its purpose (see, e.g., Supreme Court Decision 2002Da59481, Apr. 11, 2003). The Defendant’s claim for the return of unjust enrichment from June 6, 2019 to the day when the delivery of the instant real estate was completed is rejected.

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