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(영문) 광주지방법원 2015.05.13 2014나13897
건물명도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. On March 18, 2011, the Plaintiff changed the ownership of C (D and E January 24, 2014) as the owner of real estate listed in the separate sheet.

(2) From March 31, 2013, the Plaintiff leased the said real estate as the monthly rent of KRW 1.5 million, and the lease term “from March 18, 2011 to March 17, 2014.” 2) The Plaintiff, while operating the Friju wholesale store in the said real estate, decided to transfer the business property to the Defendant and G, to the Defendant on March 31, 2013, by setting the first floor office and part of the storage of the said real estate as five months from April 1, 2013 to August 31, 2013, and sublet the said real estate to the Defendant on April 1, 2013 as the warehouse, warehouse and office recorded in the claim of the Defendant’s office (hereinafter referred to as “instant real estate”).

(3) On August 20, 2013, the Plaintiff and the Defendant newly concluded a sub-lease agreement, which was amended only from September 1, 2013 to January 31, 2014, with respect to the instant real estate, on the same conditions as that of all other terms and conditions, and which was converted only from January 31, 2014.

4) The Defendant, while occupying the instant real estate up to now, is conducting F- Gwangju wholesale store business. [The fact that there is no dispute over the grounds for recognition, entries in Gap evidence 1 through 4, and 9, and the purport of the entire pleadings.]

B. According to the above facts, since the said sub-lease has expired on January 31, 2014, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring special circumstances, and pay the amount calculated at the rate of KRW 1,00,000 per month by returning unjust enrichment from the possession and use of the instant real estate from February 1, 2014 to the completion date of delivery of the instant real estate.

2. Judgment on the defendant's defense, etc.

A. The business property that the Plaintiff agreed to transfer to the Defendant was included in Spanish and telephone numbers. However, since the Plaintiff did not transfer it, the Defendant suffered damages exceeding KRW 30,000,000, the Plaintiff was entitled to attract the instant real property based on the compensation claim.

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