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(영문) 수원지방법원 2021.03.19 2020나82284
건물명도 등
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate stated in the attached Table 1, which is a multi-family house (hereinafter “instant building”).

B. On February 2017, the Plaintiff operated G Co., Ltd., a company with heavy patrol officers.

From March 4, 2017 to March 3, 2018, lease contract was concluded with respect to the portion of 19 square meters inboard (b) connected with each point of the attached Form 4, 5, 9, 10, 11, and 4, which is divided into H among the three floors of the instant building, with the lease term of KRW 3,00,000, KRW 350,000 per month of rent.

(c)

On June 26, 2019, the Plaintiff filed a lawsuit for delivery of the building (No. 513262 by Suwon District Court 2019Ga) against E, other than H, who leased the instant building C and D, and ordered the Plaintiff to pay KRW 2,80,000 per month from March 6, 2019 to the completion of delivery of the said heading unit (hereinafter “related judgment”), which became final and conclusive on July 16, 2019.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 (including various numbers), the purport of the whole pleadings

2. The plaintiff's assertion is without permission to occupy Hhos owned by the plaintiff.

Therefore, the Defendant is obligated to deliver H H to the Plaintiff, and return unfair profits equivalent to the rent calculated at the rate of KRW 350,000 per month from March 6, 2019 to the completion date of the delivery of H.

3. As seen earlier, the Plaintiff is the owner of H’s shares.

However, in light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant possessed Hho, and there is no other evidence to prove otherwise.

Under the premise different from this, the plaintiff's claim is without merit.

(1) The defendant has been operated by E from May 2, 2018 to October 1, 2018.

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