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(영문) 서울동부지방법원 2017.10.13 2015가합110940
건물명도
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendants and claims filed against the Defendant (Counterclaim Plaintiff) are dismissed.

Reasons

1. Determination as to the Plaintiff’s claim against the Defendants

A. 1) The Plaintiff owned the instant building and Defendant B, C, and E (hereinafter “Defendant B, etc.”)

) The facts in possession of the second floor of the instant building from October 27, 2011 to that of the date include: (a) there is no dispute between the parties; or (b) entry in the evidence Nos. 2, 6, 13 (with a serial number).

hereinafter the same shall apply.

A) Further to the purport of the entire pleadings is recognized. According to the above facts, as long as the Plaintiff did not prove the lawful source of right, the Plaintiff, including Defendant B, and Defendant B, are obligated to deliver the second floor of the instant building, and Defendant B, after October 27, 201, are obligated to pay unjust enrichment equivalent to the rent from October 27, 201. (2) The Plaintiff also sought to transfer the second floor of the instant building to Defendant D, but the evidence submitted by the Plaintiff alone is insufficient to recognize that the said Defendant occupied the said second floor as of the date of closing argument of the instant case, and there is no other evidence to acknowledge this otherwise.

B. On September 5, 2011, the Plaintiff: (a) delegated the right to enter into a lease agreement on the instant building to Defendant D on behalf of the Plaintiff; (b) on September 26, 201, Defendant D entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease agreement between October 26, 201 and October 26, 201, by setting the lease deposit amounting to KRW 190 million on the instant second floor; and (c) at present, Defendant C and her mother, her husband, and Defendant B resided in the instant building (hereinafter “instant lease agreement”).

B) The Plaintiff did not notify Defendant B of the refusal or change of the lease term between six months and one month before the expiration of the lease term. (2)

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