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(영문) 서울서부지방법원 2016.04.20 2015가단25603

건물명도등

Text

1.(a)

The Defendants (Counterclaims) shall draw up to the Plaintiff (Counterclaim Defendant) the attached Form among the main floors of the building listed in the attached Table.

Reasons

As the main lawsuit and counterclaim are common issues, they are judged as same.

1. Facts of recognition;

A. On December 1, 2013, the Plaintiff, as the owner of the building indicated in the attached list, leased (hereinafter referred to as “the lease of this case”) the portion (a) of 145 square meters in the ship connected in sequence of each point of 1,2, 3, 4, 1, and 1 of the attached drawings among the land on the attached list (hereinafter referred to as “the leased object of this case”) to Defendant B without a deposit, with the rent of KRW 1,500,000 per month, and the lease period from December 1, 2013 to December 1, 2014.

B. The Defendants, while jointly occupying and using the leased object of this case, operate a sales store that sells beer, etc. with the trade name “D”.

C. Defendant B did not pay the rent after entering into the contract, and the Plaintiff urged that the rent be paid several times, and as of October 20, 2014, there was no further notification that there was no intention to renew the contract.

The rent for the leased object of this case has not been significantly changed since the lease of this case, and it seems that it will be done for a considerable period of time in the future.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, the whole purport of pleading

2. The parties' arguments and the judgment of this court

A. The Plaintiff, as a duty upon the termination of the lease of this case, sought to Defendant B the delivery of the leased object of this case and the payment of unpaid rent or unjust enrichment equivalent thereto, and sought the delivery of the leased object of this case to Defendant C as the owner’s right against the unauthorized occupant.

B. According to the above facts of recognition, the lease of this case terminated on December 1, 2014.

Thus, Defendant B is obligated to deliver the leased object of this case to the Plaintiff, because Defendant C is an unauthorized occupant.

C. In addition, according to the above facts of recognition, Defendant B’s fees or rent, from December 1, 2013 to the time of delivery of the leased object of this case.