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(영문) 수원지방법원 2016.06.14 2015나15433
건물명도 및 부당이득금반환
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants 1 are real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the apartment indicated in the attached list (hereinafter “instant apartment”), and the Defendants jointly occupied and used the instant apartment from April 16, 2013 to the present day.

B. Around September 2012, the Plaintiff’s husband G and the Defendant B’s each of the instant apartment units on behalf of each Plaintiff and the Defendants entered into a lease agreement on behalf of each Plaintiff and the Defendants, and H entered into a lease agreement (Evidence B) with the term “3 years from October 31, 2012 to October 31, 2012, KRW 200,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

C. On November 4, 2013, H and G prepared a renewal contract stating that “The tenant B shall, without any condition until the pertinent period, lease until March 30, 2017, and the landlord shall not raise the rental deposit and monthly rent during the lease period (from November 4, 2013 to March 30, 2017),” and affixed a seal in each G and Defendant B’s name.

[Ground of recognition] The fact that there is no dispute, Gap 2, 4, Eul 1 and 6, Eul 1 and 6, the result of the appraiser I's appraisal, the whole purport of the pleading

2. The parties' assertion

A. Since the Plaintiff did not grant the Plaintiff the right to lease the instant apartment to G, the Defendants cannot assert the validity of the lease agreement concluded by G to the Plaintiff.

Therefore, there is no legitimate right to possess the apartment of this case against the Defendants, and the Defendants are obligated to deliver the apartment of this case to the Plaintiff and pay unjust enrichment calculated by the ratio of KRW 1.5 million per month during the period of occupation of the apartment of this case without their own permission.

Preliminaryly, G was authorized to enter into the instant rental agreement with respect to the instant apartment.

(b) if any;

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