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(영문) 창원지방법원 2015.11.11 2015나31685

건물명도

Text

1. The defendant's appeal is dismissed.

2. On the basis of the application for intervention in the trial of the parties, the defendant acceptance intervenor.

Reasons

1. Determination as to the cause of claim, etc.

A. Comprehensively taking account of the overall purport of pleadings as to the evidence Nos. 1, 4-1, and 5 of the part claiming delivery of a building, the Plaintiff purchased the instant building from C on July 3, 201 and completed the registration of transfer of ownership under the Plaintiff’s name on July 11, 201. On July 19, 201, the Plaintiff, the former lessee, determined the instant building to be leased to the Defendant as of July 19, 201, with the lease deposit KRW 45,00,000, the rent of KRW 2,00,000, the rent of KRW 2,000,000, and the lease term of KRW 2,00,000, the lease deposit shall be succeeded to the lease deposit paid to C who is the former owner, and the lease term shall also be determined by including the lease term with C (hereinafter “the instant lease contract”), and the fact that the Defendant and the Defendant’s Intervenor jointly occupied the instant building’s mobile phone agent as of this case.

Therefore, since the instant lease agreement expired on July 19, 2013, which is the expiration date, and the expiration date expires, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstances. Since the Intervenor occupied the instant building to interfere with the Plaintiff’s exercise of ownership, the Intervenor is obligated to deliver the instant building to the Plaintiff, the owner of the instant building.

B. As to the claim for return of unjust enrichment equivalent to the rent and the claim for return of unjust enrichment from the date of the closing of argument in the instant case, there is no dispute between the parties that the Defendant fully paid to the Plaintiff the amount equivalent to the rent under the instant lease agreement until the date of closing of argument in the instant case. Therefore, there is no reason for the part concerning the claim for return of unjust enrichment from the day after the date of delivering the copy of the complaint in the instant case to the date of closing of argument in the instant case. 2) The part concerning the claim for return of unjust enrichment from the day after the date of closing of argument