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(영문) 제주지방법원 2016.04.26 2015가단13804

건물인도

Text

1. The Plaintiff:

A. Defendant B and C, in Jeju, approximately 80.00 square meters of block tanks 230 square meters above ground, E, 230 square meters, which are one-story restaurants.

Reasons

1. Basic facts

A. On May 4, 2015, the Plaintiff: (a) received a decision to permit the sale of each of the buildings listed in the order (hereinafter “each of the buildings in this case”; and (b) received a decision to permit the sale of each of the buildings listed in the order from the Jeju District Court’s Seoul District Court (hereinafter “each of the buildings in this case”; and (c) individually, made full payment of the sale price before May 15, 2015.

B. From before the Plaintiff paid the sales price in full to the date of the closing of argument in this case, Defendant B and C are engaged in restaurant business in the name of “G restaurant” in the building located within the scope of a district office, and Defendant D is occupying the Do government office or the Do government office or the Do government office, and Defendant D is occupying the Do government office or the Do government office or the Do government office.

C. On May 15, 2015, the time when the Plaintiff acquired ownership of each of the buildings of this case by fully paying the sale price as above, the actual rent of KRW 6,164,00 for one year of the building established by the Korea Tribunal at the time, and the actual rent for one year of the building determined by the Presidential Decree is KRW 4,264,00.

【Non-contentious facts, Gap’s evidence 1 through 3, Eul’s evidence 1-1 and 2, the result of appraiser I’s appraisal of rent and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring special circumstances, Defendant B and C are obligated to deliver to the Plaintiff the building which is a key organization or organization of a foreign corporation, and to pay unjust enrichment equivalent to the amount of rent in proportion to the amount of 6,164,000 won per annum from May 15, 2015 to the delivery of each of the above buildings. Defendant D is obligated to deliver the building to the Plaintiff, and to pay unjust enrichment equivalent to the amount of rent in proportion to the amount of 4,264,00 won per annum from May 15, 2015 to the delivery of each of the above buildings.

3. Judgment on the defendants' assertion

A. The Defendants have the right to possess each of the above buildings until July 2016, since the Defendants, who were the existing lessees of each of the instant buildings, renewed a lease agreement under the same conditions as those of the previous lease with a lessor on July 2015.