beta
(영문) 수원지방법원여주지원 2016.09.08 2016가단1092

건물명도

Text

1. The defendant

(a) deliver the buildings listed in the separate sheet;

B. From February 4, 2016, KRW 54 million and February 4, 2016

(b).

Reasons

1. The Plaintiff acquired ownership of the above building by purchasing real estate listed in the separate sheet, which was owned by the Defendant, in the case of Annwon District Court's Green G real estate auction, and paying the price thereof. On February 11, 2015, the Plaintiff paid the building listed in the separate sheet (hereinafter "the instant building") from February 11, 2015 to August 25, 2015; the monthly rent of KRW 6 million; the monthly rent of KRW 6 million; and the monthly rent of KRW 4 million; the Defendant’s lease contract was leased to the Defendant (hereinafter "the instant lease contract"); the Plaintiff did not use the above lease contract to the Defendant on March 26, 2015, KRW 400,000; KRW 200,000,000 on April 1, 2015; or the Plaintiff paid KRW 601,000,000,000,000,000 for reasons stated in the separate sheet, and the Defendant paid the above.

Therefore, since the instant lease contract was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s delayed delay, the Defendant is obligated to deliver the building indicated in the attached Table to the Plaintiff, and pay to the Plaintiff unjust enrichment equivalent to the rent calculated by the ratio of the overdue rent or unjust enrichment of KRW 54 million per rent to the Plaintiff during the period from February 3, 2016 to February 4, 2016, and KRW 6 million per month from February 6, 2016 to the date of delivery of the said building.

2. Judgment on the defendant's assertion

A. The Defendant, as the former owner of the instant building, was running the restaurant business in the instant building, and was unable to move the existing restaurant business because it was impossible to rescue the unregistered building to move, but the Plaintiff was KRW 6 million per month to the Defendant.