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(영문) 수원지방법원여주지원 2015.11.19 2015가단9020

건물인도 청구의 소

Text

1. The defendant shall be the plaintiff.

(a) deliver the first floor exhibition center 209.51 square meters among the real estate listed in the attached Form;

B. September 22, 2015

Reasons

1. Basic facts

A. On December 17, 2004, the Plaintiff completed the registration of ownership transfer on August 19, 2010 due to payment in kind.

B. On May 2013, the Plaintiff entered into a lease agreement on real estate in the attached Form with the rent of KRW 3.5 million per month between B and the term of lease from the delivery date to September 30, 2018, and handed over the real estate in the attached Form B around March 2014.

C. After that, as our comprehensive development company (hereinafter “Korea comprehensive development”) takes over the above lease from B with the Plaintiff’s consent, it entered into a lease agreement with the Plaintiff under the above terms and conditions, and received the real estate listed in the separate sheet around that time.

However, around March 2015, the Defendant entered into a sublease contract for the remaining portion of the real estate indicated in the attached Form without the Plaintiff’s consent, excluding the 632.52 square meters of underground neighborhood living facilities, and received the said real estate around that time.

E. On August 2015, the Plaintiff declared an intention to terminate the lease agreement on the grounds of the unauthorized sub-lease and the nonperformance of the obligation to pay rent for at least two years for the comprehensive development of Korea, which reached the comprehensive development of Korea around that time.

F. The Defendant occupies and uses exhibition halls of one story 209.51 square meters (hereinafter “instant real estate”) among the real estate indicated in the attached Table, and the amount equivalent to the rent of the instant real estate is KRW 1 million per month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the aforementioned determination, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 1 million per month from September 22, 2015 to the completion date of delivery of the instant real estate, as sought by the Plaintiff.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.