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(영문) 서울중앙지방법원 2018.10.25 2017가단5168726

건물명도(인도)

Text

1. The Defendants are to the Plaintiff:

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

B. From December 27, 2017, the above A

(b).

Reasons

1. Basic facts

A. On November 21, 2016, the Plaintiff entered into a lease agreement with Defendant B on the following terms: “The instant building” (hereinafter referred to as “instant lease agreement”) under the following terms: “The lease agreement was concluded between KRW 25 million, monthly rent of KRW 25 million, KRW 25 million, management fee of KRW 200,000, and KRW 1 year from November 26, 2016 to November 23, 2017” (hereinafter referred to as “instant lease agreement”).

B. On August 17, 2017, the Plaintiff notified the Defendants of the content-certified mail to the effect that “The instant lease agreement is terminated on the grounds that the monthly rent and management expenses under the instant lease agreement were overdue, and that the instant building was sub-leased to Defendant C and D without permission, and thus, delivery of the instant building within seven days” (hereinafter “instant notification”).

C. Defendant C and D currently occupy the instant building with the trade name “F” in the instant building, while running a danran business.

[Grounds for Recognition] Facts without dispute, entry of Gap 1 through 8, witness E, and testimony of G, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the instant lease agreement was lawfully terminated by the notification of the instant case on the grounds of the tenant’s two or more lease units, and the tenant’s two or more lease units of the instant building against Defendant C and D, and thus, the Defendants, as joint illegal occupants, have the obligation to deliver the instant building to the Plaintiff, and to return unjust enrichment equivalent to the monthly rent and management expenses from December 27, 2017 to the completion date of delivery of the instant building.

B. The summary of Defendant C and D’s assertion is that Defendant C and D transferred the right to lease under the instant lease agreement to H on or around December 2016. As Defendant C and D lawfully acquired the right to lease of this case from H in the process of the Plaintiff’s agent E’s direct participation on February 9, 2017, Defendant C and D are legitimate subcontractors, and the said Defendants around October 2017.