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(영문) 서울서부지방법원 2016.04.20 2015가단43458
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 2, 3, 4, 7, and 2.

Reasons

1. Determination as to the delivery of a building and the claim for restitution of unjust enrichment equivalent to rent

A. 1) On October 16, 2013, the Plaintiff: (a) connected the Defendant with each point of the items indicated in the attached Form No. 2, 3, 4, 7, and 2 among the real estate listed in the attached Table No. 2, 3, 4, 7, and 13.2 square meters in the warehouse (hereinafter “instant warehouse”).

(2) The Defendant agreed to increase the monthly rent of KRW 130,000 at KRW 1,00,000, the monthly rent of KRW 100,000 (after payment), and the period from October 22, 2013 to October 22, 2015 (24 months). Around that time, the Defendant delivered the instant warehouse to the Defendant. (2) At the time of delivery of the instant warehouse, the Defendant agreed to increase the monthly rent of KRW 130,000.

3) From the beginning of August 2015, the Plaintiff informed the Defendant of the absence of intent to renew the above lease contract several times. Nevertheless, the Defendant continues to occupy the warehouse of this case even after the expiration of the above period.

In addition, the Defendant paid only rent to the Plaintiff until October 22, 2015, and thereafter, the rent has not been paid until the closing date of the instant pleadings.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 to 5 (including paper numbers) and the purport of the whole pleadings

B. According to the above facts of recognition, since the lease contract between the original defendant is terminated upon the expiration of the expiry period, the defendant is obligated to deliver the warehouse of this case to the plaintiff and pay the plaintiff the amount of unjust enrichment equivalent to the rent of 130,000 won per month from October 23, 2015 to the completion date of delivery of the warehouse of this case.

2. The plaintiff asserts that the plaintiff is responsible for compensating the plaintiff for damages of some of 4,148,000 won of the previous medical treatment expenses, part of 2,852,000 won of the future medical treatment expenses, consolation money of 2,00,000 won (total of 9,000,000 won) because of noise and malodor in the freezing installed in the warehouse of this case.

However, Gap 7 to 7.

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