(영문) 청주지방법원충주지원 2017.08.08 2016가단4283

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원충주지원 2017.08.08 2016가단4283

건물인도 등

Text

1. The defendant is against the plaintiffs:

(a) deliver the buildings listed in the separate sheet;

(b) from May 13, 201, India as above.

Reasons

1. Facts of recognition;

A. D, on May 13, 2008, as the owner of the building listed in the attached list (hereinafter “instant building”), leased the instant building to the Defendant, respectively, by setting the period from May 13, 2008 to May 12, 201, from May 13, 2008, to KRW 4,000,000, and period from May 13, 2008.

(hereinafter “instant lease agreement”). B.

D on October 29, 2008, sold the instant building to E. Accordingly, E succeeded to the lessor’s status of the instant lease agreement after completing the registration of ownership transfer as the receipt of No. 50371 on October 30, 2008, Cheongju District Court Decision 2008, supra.

C. On February 15, 2016, E donated 1/2 shares of the instant building to the Plaintiffs. Accordingly, the Plaintiffs completed the registration of ownership transfer with the receipt of No. 8043 on February 24, 2016, such as Cheongju District Court Assistance, etc. for the 1/2 shares of each of the instant buildings.

On April 28, 2017, E transferred to the Plaintiffs the claim for return of unjust enrichment that E has on the instant building to the Defendant, and the above notification was delivered to the Defendant around that time by notifying the Defendant of the assignment of the claim.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 14 (including serial numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion 1) Although the lease contract of this case was terminated on May 12, 2011, the defendant occupied and used the building of this case until now. Thus, the defendant delivered the building of this case to the plaintiffs who acquired the claim for return of unjust enrichment against the defendant from the former owner of the building of this case who was the one-half right holder of the building of this case and the former owner of the building of this case. The defendant delivered the building of this case to the plaintiffs, and 66,66 won per annum, which is the amount equivalent to the rent for the building of this case from May 13, 2011 to the completion date of the above delivery (=4,000,000 for three years of the building of this case ¡À3 x 1.1.

유사 판례

-서울북부지방법원 2016.01.12 2015가단14119

-서울중앙지방법원 2016.09.28 2016나36422

-대전지방법원 2017.06.27 2016가단216356

-청주지방법원충주지원 2016.01.06 2015가단23119

-인천지방법원 2018.07.10 2018가단2881