(영문) 서울남부지방법원 2015.02.05 2014가단47744 (1)

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(영문) 서울남부지방법원 2015.02.05 2014가단47744 (1)

건물인도 등

Text

1. The Defendants shall deliver to the Plaintiff the 77 square meters of the branch floor among the buildings listed in the attached list.

2. Defendant B shall be the Plaintiff 1,600.

Reasons

1. Facts of recognition;

A. On March 31, 2014, the Plaintiff: (a) received KRW 77 square meters on the 1,000,000 monthly rent of KRW 400,000 on the last day of each month from among the buildings listed in the attached Table to Defendant B on March 31, 2014; (b) entered into a lease agreement with Defendant B to set the lease period from March 31, 2014 to May 31, 2014 (hereinafter “instant lease agreement”); and (c) handed over the instant building to Defendant B on the day of the contract.

B. Since the conclusion of a lease agreement, Defendant B did not pay to the Plaintiff the deposit and monthly rent.

C. Accordingly, the Plaintiff urged the Defendant to pay the deposit and monthly rent, but notified the Defendant of the termination of the instant lease agreement on April 10, 2014 as the Defendant did not comply therewith. D.

Defendant C was occupying the instant building around May 28, 2014, and around that time, agreed with the Plaintiff that “Defendant C would deliver the instant building to the Plaintiff by June 30, 2014.”

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, the whole purport of pleading

2. Determination

A. According to the above facts as to the claim for the delivery of a building, Defendant C agreed to deliver the building of this case to the Plaintiff. Since the instant lease agreement between the Plaintiff and the Defendant B was lawfully terminated on April 10, 2014, the Defendants are obligated to deliver the building of this case to the Plaintiff.

B. According to the above facts as to the payment of unpaid rent and the claim for return of unjust enrichment, Defendant B is obligated to pay to the Plaintiff the amount calculated by the ratio of KRW 1,600,000 (unpaid rent and unjust enrichment equivalent to unpaid rent and rent from March 31, 2014 to July 30, 2014) and the amount of KRW 400,000 each month from July 31, 2014 to the completion date of delivery of the instant building.

3. Conclusion, the plaintiff.

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