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(영문) 서울고등법원 2020.06.17 2019나2010338 (1)
건물명도
Text

1. The judgment of the first instance court, including a claim extended, added, and reduced in the trial, shall be modified as follows:

Reasons

A. The Plaintiff’s assertion is difficult to accept on the ground that the Defendant actually occupied and used a place other than the part on the fourth floor of the instant building on the sole basis of the statement and image of evidence Nos. 13 through 23.

According to the court’s entrustment of appraisal to Q and the purport of the entire pleadings, according to the scope of return of unjust enrichment, the total rent on the fourth floor part of the instant building, which was calculated on the premise that deposit for lease was KRW 200,000,000, shall be as follows: (a) the total rent from May 1, 2014 to March 24, 2020, shall be as follows; and (b) the annual rent of KRW 15,73,90, the annual rent for the immediately preceding year after March 25, 2020, may be inferred as follows.

Serial From March 25, 2014 to March 25, 2014, to March 15, 2015, to March 24, 2015, to March 25, 2015, to March 15, 506, 400 to March 25, 2016, to March 25, 2016, to March 15, 984, 504, to March 25, 2017, to March 15, 2017, to March 25, 2017, to March 15, 2017, to March 25, 2017 (to March 15, 96, 805; to March 25, 2018; to May 3, 2015 to 3, 205, respectively).

Meanwhile, the Plaintiff asserted that the amount of unjust enrichment should be calculated on the basis of the rent that the Plaintiff provided the Defendant a verbal deposit from March 24, 2020 to May 11, 2020. However, insofar as the Plaintiff did not actually pay the instant lease deposit to the Defendant by May 11, 2020, the amount of rent on the fourth floor of the instant building should be calculated on the premise of KRW 200,000,00, as the Plaintiff’s above assertion is difficult.

Therefore, barring special circumstances, the Defendant: (a) KRW 95,424,873 equivalent to the rent from May 1, 2014 to May 11, 2020 [1 =14,124,398 [15,717,700 from May 1, 2014 to March 24, 2015].

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