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(영문) 수원지방법원여주지원 2017.10.25 2017가단4272
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

B. From April 25, 2017, the foregoing paragraph (a) is described.

Reasons

1. Basic facts

A. On June 15, 2016, the Plaintiff entered into a contract with C on the lease deposit amounting to KRW 2 million, KRW 300,000 per month, and the lease period from June 20, 2016 to June 19, 2018 (hereinafter “instant lease contract”).

B. C did not pay the Plaintiff one time, and the Plaintiff notified C of the termination of the instant lease agreement on the ground of the foregoing delinquency in rent, and C delivered the instant building to the Plaintiff.

C. The Defendant was married with C but filed a divorce report on April 25, 2017. From April 25, 2017, the instant building is occupied from around April 25, 2017 to the date of closing argument of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Plaintiff is obligated to pay unjust enrichment calculated by the ratio of KRW 300,000 per month from April 25, 2017 to the completion date of delivery of the instant building, as the Plaintiff gains unjust enrichment equivalent to the rent by occupying and using the instant building.

3. The defendant's assertion is alleged to have concluded a free housing contract with the plaintiff on the building of this case, but the evidence submitted by the defendant alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

4. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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