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(영문) 서울중앙지방법원 2017.02.02 2016가단5067802

건물명도

Text

1. Defendant A Co., Ltd. is listed in the attached Table 1 list with respect to Plaintiff A Co., Ltd., Ltd. and limited liability company of private equity real estate investment.

Reasons

1. Facts of recognition;

A. Plaintiff A, the truster and lessor of the building indicated in the [Attachment 1] List in Gwanak-gu, Seoul Special Metropolitan City, is the Plaintiff and the private equity real estate investment limited company (hereinafter “Plaintiff A”), and even if the lease agreement on the part of the building was terminated on December 10, 2015 due to overdue rent, etc. of Defendant A, Defendant A still occupies the area of 18 square meters as indicated in the annexed Table 2, which is part of the management office of the 11th floor leased object of the building, (2), (3), (4), and (1).

B. The Plaintiff Han Bank Co., Ltd. (hereinafter “Plaintiff Han Bank”) is the trustee of the above building. Defendant B and C concluded a standard purchase transaction agreement with the 5th floor “E” store of the above building and set up the said store on February 17, 2016 and set aside on February 17, 2016. As Defendant B and C operated the said store without any title from December 10, 2015 to February 17, 2016 when the said lease agreement was terminated, thereby unjust enrichmenting KRW 15,390,891, which is the average fee of the said store during the above period.

[Ground of recognition] Nos. 1 through 11 (including additional numbers), Eul evidence No. 1 and the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant A has a duty to order the Plaintiff Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do , among the buildings listed in the separate sheet No. 1 attached to which the Defendant Do Do Do Do Do Do Do Do Do Do Do has occupied, the portion of “A” connected with each point in sequence 18 square meters. Defendant B and C jointly have a duty to pay damages for delay calculated at the rate of 15% per annum from January 12, 2017 to the day of complete payment, which is the day following the delivery of the application