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(영문) 서울중앙지방법원 2014.04.08 2013가단328655
건물인도 등
Text

1. Defendant (Appointed Party) and Appointed F are the Plaintiffs:

(a) Attached drawings of the first floor of the real estate listed in the attached list;

Reasons

1. On December 31, 2007, the lease agreement (a security deposit of KRW 60 million, monthly rent of KRW 3 million) on the instant leased building between Plaintiff A, C and Selection F was lawfully terminated due to the termination of the contract on the ground of the overdue rent of at least two years after April 2013, even based on the Defendant’s assertion.

2. The monthly rent may be deemed to have been agreed upon at KRW 2.5 million around 2010. However, there is no evidence to deem that there was an agreement between the parties as to additional reduction (as to the Defendant’s assertion), or increase (as to the Plaintiff’s assertion), after the additional reduction (as to the Plaintiff’s assertion), there was no further agreement between the parties on the certificate of content (Evidence A3-4) sent to the Defendant by the Plaintiff (Evidence A-3-4).

3. The Defendant and the Appointor F are the occupants of the instant leased building, who are co-owners or lessors of shares in 1/4 of the instant leased building, and the Plaintiffs, 1) deliver the instant leased building, and 2) are obligated to pay the amount of money at the rate of KRW 2.5 million per month from January 1, 2014 to the completion date of the said delivery due to the return of unjust enrichment equivalent to each party’s rent.

【Facts without dispute over the ground, Gap 1, 2, 3 evidence, Eul 2, 3, and 4, the purport of the whole pleadings

4. Each of the plaintiffs' claims is accepted.

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