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(영문) 서울서부지방법원 2016.11.25 2016가단5675

건물명도등

Text

1. The Plaintiff:

A. Defendant B shall be from March 18, 2015 to the date of completion of delivery of the buildings listed in the separate sheet from March 18, 2015 1,50.

Reasons

1. Facts of recognition;

A. On December 18, 2014, the Plaintiff entered into a lease agreement with Defendant B on the attached list (hereinafter “instant lease agreement”) with a view to KRW 12 months of the lease term and KRW 1.5 million of the monthly rent (hereinafter “instant lease agreement”).

B. From March 18, 2015, Defendant B did not pay monthly rent as stipulated in the instant lease agreement.

C. Around September 3, 2015, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of at least two strings, and the said notification reached the Defendant as above.

Of the first floor of the lease building of this case, the portion of “A” in the part of “A” connected with each point of the attached Table 1 drawings 1, 2, 3, 6, and 1 is occupied and used by Defendant C Co., Ltd. (hereinafter “Defendant C”). Of the first floor of the lease building of this case, the portion of “B” connected with each point of the attached Table 3, 4, 5, 6, and 3 is 54.18 square meters and 2 stories (the portion of “A” in the order of 7,8,9,10,000 square meters and 49.95 square meters connected each point of the attached Table 2 drawings) are occupied and used by Defendant Hong F&C Co., Ltd. (hereinafter “Defendant Hong F&C”).

【Unsatisfy-founded facts, Gap 1, 2-1, 2-2, 3, 4-1, and 4-2, the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated, and the Defendant C and the Defendant Hongwon P&C possessed the building of this case without authority. Therefore, the Plaintiff is deemed to possess the building of this case. As such, the Defendant B returned unjust enrichment equivalent to the rent calculated at the rate of KRW 1,50,000 per month from March 18, 2015, which began to delay in monthly rent, to the day the delivery of the building of this case is completed, and ② the Defendant C delivers the leased building of this case with the portion of KRW 36,00 per annum connected in sequence with each of the items of Appendix 1, 2, 3, 6, and 1 among the first floor of the building of this case.