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(영문) 의정부지방법원 고양지원 2017.02.09 2016가단16699
건물인도 등
Text

1. The defendant delivers to the plaintiffs (appointed parties) and the appointed parties the buildings listed in the attached list, and on July 24, 2016.

Reasons

1. Facts of recognition;

A. The buildings listed in the separate sheet (hereinafter “instant building”) are owned by the Plaintiff (Appointed Party) and the Appointed Party D, E, and 1/6 shares, and F, 2/6 shares, respectively.

B. On January 29, 2014, the Plaintiff (Appointeds) and the designated parties (hereinafter “Plaintiffs”) determined and leased the instant building to the Defendant from January 30, 2014 to January 29, 2016, with the lease deposit amount of KRW 50,000,000, monthly rent of KRW 2,500,000, and the lease term of KRW 2,50,000, from January 30 to January 29, 2016.

C. By June 30, 2016, the Defendant did not pay the amount equivalent to KRW 48,169,270,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the above lease contract was lawfully terminated by the service of a copy of the complaint of this case, which notified the defendant's intention to terminate the above lease contract with the delay of rent. Thus, the defendant is obligated to deliver the building of this case to the plaintiffs.

In addition, KRW 50,000,000, due to the overdue rent of KRW 48,169,270, and the overdue rent of KRW 1,830,730 from July 1, 2016 to July 23, 2016, the parties concerned were fully deducted from KRW 50,000,00, not in dispute. As such, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the amount of KRW 2,50,000 per month calculated from July 24, 2016 to the completion date of delivery of the building of this case.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiffs' claims are justified.

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