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(영문) 서울동부지방법원 2015.09.10 2015가단104177
건물인도 등
Text

1. The Defendants are to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

(b) Jointly comply with the foregoing from November 5, 2014.

Reasons

1. Facts of recognition;

A. On July 21, 2011, the Plaintiff leased the pertinent real estate, etc. at KRW 1,295,000,000 as lease deposit, and monthly rent KRW 86,40,000, by July 31, 2015, to a Daol Real Estate Trust Co., Ltd. (hereinafter “the instant real estate”).

B. This case’s real estate to Defendant A on May 15, 2014

6.9. to the same year; and

9. Until October 28 of the same year, the Plaintiff terminated the above lease contract on the grounds of the delinquency in rent for not less than two years on or around October 28 of the same year.

C. The Defendants had been occupying and using the instant real estate since before November 5, 2014, and the monthly rent of the said real estate from November 5, 2014 to June 26, 2015 is KRW 3,291,660.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2-3, 3-13, 4-1-4-3, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and jointly pay the amount of unjust enrichment at the rate of KRW 3,291,660 per month from November 5, 2014 to the completion date of delivery of the said real estate.

3. According to the conclusion, each of the instant claims against the Defendants by the Plaintiff is with merit.

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