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(영문) 서울중앙지방법원 2016.12.06 2016가단5083538

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver a store (general restaurant) of 108.07 square meters among the first floor of the building listed in the attached list;

Reasons

1. The assertion and judgment

A. In full view of Gap evidence No. 1-1, Gap evidence No. 2-1, Eul evidence No. 3-1, appraisal result, and the purport of the appraiser C’s appraisal result and the whole pleadings as to the cause of the claim, (1) around May 2009, the defendant leased a store (general restaurant) 108.07m2 (hereinafter “instant store”) among the first floor of the building listed in the attached Table No. 108.07m2 (hereinafter “the building of this case”) and registered the business as the location of the same, from May 21, 2009 to May 21, 2009; (2) the defendant renewed the lease contract of this case to the plaintiff on May 20, 2015; and (3) the lease contract of this case to the plaintiff on May 20, 2015, the lease contract of this case was concluded with D and third parties, and the lease contract of this case was concluded with the plaintiff on May 20, 2016 (hereinafter “the lease contract”).

According to the above facts, since the lease contract of this case terminated on May 20, 2016, the contract of this case is deemed to have expired, the defendant is obligated to deliver the store of this case to the plaintiff and pay unjust enrichment calculated by the ratio of KRW 2,993,00 per month from October 8, 2016 to the completion date of delivery of the store of this case.

B. The defendant's assertion (1) The defendant is not a party to the lease contract of this case, and thus the plaintiff cannot file a claim under the lease contract of this case.