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(영문) 서울서부지방법원 2013.02.07 2012가단202874
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver attached real property;

(b)As from November 11, 201, the above real estate.

Reasons

1. Determination as to the cause of claim

(a) The following facts may be acknowledged, either in dispute between the parties or in full view of the statements and images of Gap evidence 6, Eul evidence 2-3, Eul evidence 4, 8, Eul evidence 12 (including provisional parcel number) and the purport of the entire pleadings as a result of appraiser C's clinical appraisal:

(1) On October 4, 201, the Plaintiff obtained a decision to permit the sale of attached real estate owned by F in the Seoul Western District Court D and E (Dual) voluntary auction case of real estate (hereinafter “instant store”), and completed the registration of ownership transfer concerning the instant store by paying the sale price on November 11, 201.

(2) The Defendant has been operating a pharmacy and a convenience store before the aforementioned transfer registration to the present date while occupying the instant store.

(3) From November 11, 201 to November 10, 2012, monthly rent (where no security deposit exists) of the instant store is KRW 1,925,000.

B. According to the above facts of recognition, the Defendant is obligated to deliver the instant store to the Plaintiff, its owner, unless there is no right to possess the instant store, and the Defendant is obligated to pay unjust enrichment calculated by the ratio of KRW 1,925,000 per month from November 11, 201 to the completion date of delivery of the instant store (in accordance with the foregoing evidence, the monthly rent after November 11, 2012 cannot be changed).

2. Judgment on the defendant's assertion

A. On October 17, 2007, after acquiring ownership in the instant store, G succeeded to the lessor status in relation to the instant store after acquiring ownership in the instant store on October 17, 2007, in full view of the following facts: (a) the fact that the instant store located in G and commercial building was entered into a lease agreement with the Defendant on October 31, 2005; and (b) the overall purport of the pleading as to the instant store; and (c) the Defendant succeeded to the lessor status in relation to the instant store on October 17, 2007 after obtaining ownership in the instant store; and (d) the Defendant consented thereto.

(B) However, the defendant.

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