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(영문) 서울고등법원 2016.05.13 2015나2063280

건물명도

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1.The judgment of the first instance shall be modified as follows:

The defendant shall provide each real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. On September 13, 2013, the Plaintiffs leased each real estate listed in the separate sheet (hereinafter referred to as “instant building”) owned by the Plaintiffs to C (hereinafter referred to as “Non-Party Foundation”) as an incorporated association (hereinafter referred to as “Non-Party Foundation”) KRW 800,000, monthly rent of KRW 55,000,000 (including value-added tax), and from September 1, 2013 to August 31, 2018, and the Non-Party Foundation operated the “E Hospital” in the instant building.

B. Nonparty Foundation paid KRW 200,000,000 to the Plaintiffs out of the lease deposit, and failed to pay KRW 600,000,000 to the Plaintiffs. Accordingly, Nonparty Foundation paid KRW 60,000 for monthly rent (the amount plus KRW 5,00,000,000 converted the unpaid deposit into the rent).

C. The Plaintiffs did not continue to pay 600,000,000 won of the balance of the lease deposit, and did not pay the monthly rent properly. On October 2, 2014, the Plaintiffs notified the termination of the said lease by means of content-proof mail to the Nonparty Foundation, and the Nonparty Foundation received the said content-proof mail around that time.

The defendant acquired all business of the non-party foundation from the non-party foundation in early 2015, and thereafter is operating the "E Hospital" in the building of this case until now.

E. By July 31, 2015, the Defendant paid to the Plaintiffs unjust enrichment equivalent to the rent for the instant building, calculated at the rate of KRW 60,000,000 per month.

[Ground for Recognition: Fact that there is no dispute, fact that some persons are involved, purport of the whole pleadings]

2. Determination

A. According to the above facts, a lease agreement on the building of this case between the plaintiffs and the non-party foundation was lawfully terminated around October 2, 2014, and the defendant who acquired the business from the non-party foundation without any title occupies the building of this case, which is owned by the plaintiffs without any title. Thus, the defendant delivers the building of this case to the plaintiffs and the delivery of the building of this case from August 1, 2015 to the completion date of delivery of the building of this case.