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(영문) 서울중앙지방법원 2017.08.22 2016가단156424
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the 1st floor of the building listed in the annexed Table 1 list, the annexed Form 2 Map 1, 2, 3, 4, 5, 6, 7, 8, 9, 9.

Reasons

1. Facts of recognition;

A. On November 3, 2014, the Plaintiff entered into a lease agreement with C, setting the lease deposit amount of KRW 10,00,000, monthly rent of KRW 30,000,00, among the 1st floor of the building listed in the attached Table 1 list owned by the Plaintiff, each point of which is indicated in the attached Table 2 No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 15, and 10,000 among the 1st floor of the building listed in the attached Table 1 list owned by the Plaintiff.

B. On November 24, 2014, C entered into a sub-lease contract with the Defendant and entered into a sub-lease contract with the Defendant with a period of KRW 1 square meters from December 1, 2014 to November 30, 2015, deposit amount of KRW 1,000,000, monthly rent of KRW 10,000, among the instant building parts.

C. From the termination of the Defendant’s possession lease agreement, the Defendant occupied the entire part of the instant building since C removed.

[Reasons for Recognition] Unsatisfy, Gap 1-4 evidence (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. All of the above lease and sub-lease contracts have been terminated at the expiration of the term.

The defendant without title occupies the whole part of the building of this case.

B. The Defendant, as its owner, is obligated to deliver the instant building part to the Plaintiff, and to return unjust enrichment equivalent to the rent calculated by the ratio of KRW 300,000 per month from November 4, 2016, commencing from which the Defendant occupied the entire building part of the instant building to the completion date of its delivery.

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