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(영문) 울산지방법원 2016.09.22 2015나21448
건물명도 등
Text

1. The judgment of the first instance court, including the plaintiffs' claims expanded and reduced in the trial, shall be modified as follows.

Reasons

1. Determination as to the cause of claim

A. In full view of the facts without dispute, Gap evidence Nos. 1 and 2 and the purport of the entire arguments, the plaintiffs are co-owners of building for reinforced concrete structure 2 neighboring neighborhood living facilities of six floors in Ulsan-gun, Ulsan-gun (hereinafter "the building in this case"). On March 6, 2014, the plaintiffs delivered the above lease deposit to the defendant, and the defendant paid the above lease deposit money to the defendant on the following grounds: on March 6, 2014, building Nos. 201 among the above building; hereinafter "building No. 201") Nos. 50 million won, lease deposit money; on March 6, 2014, from March 6, 2014 to March 5, 2019; on the other hand, the defendant continued to have leased the above lease deposit money to the defendant; on the other hand, on the ground that the above lease contract was revoked for more than 201 months.

According to the above facts, since the above lease contract was terminated by the plaintiffs' declaration of termination on August 16, 2016, the defendant is obligated to receive the balance after deducting the overdue rent from the above lease deposit from the plaintiffs, and at the same time to deliver the building 201 to the plaintiffs.

In addition, even after the termination of the above lease contract, the defendant has the duty to obtain the profit from the possession and use of the above 201 and thereby, to compensate the plaintiffs who are the lessor for damages equivalent to the amount of the profit from the use.

B. For the Defendant’s obligation to be deducted from the above lease deposit, the health deposit and the lease deposit arising from the lease until the lease is delivered after the termination of the lease contract.

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