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(영문) 수원지방법원안산지원 2014.12.12 2014가단8844
건물명도 및 임대료
Text

1. The Defendant delivered C8’s No. 822 to the Plaintiff, who had interest in the Plaintiff, and delivered the said building from June 23, 2013.

Reasons

1. Basic facts

A. On March 12, 2013, the Plaintiff entered into an entrusted management agreement with a corporation (hereinafter “non-party company”) to receive rent of KRW 550,000 from April 1, 2013 to March 1, 2015 with respect to the instant housing.

B. On June 23, 2013, the Defendant concluded a lease deposit agreement with respect to Non-Party Co. 8’s No. 822 (hereinafter “instant housing”) with respect to Non-Party Co., Ltd., and paid KRW 20,000,000 to Non-Party Co., Ltd., for six months from June 24, 2013 to December 23, 2013, and monthly management expenses for KRW 20,000 to Non-Party Co., Ltd. (hereinafter “instant agreement”).

C. The Defendant filed an application with Nonparty Company and the Plaintiff for a payment order claiming the return of KRW 20,000,000,000, and on March 18, 2014, the said payment order (Seoul District Court 2014 tea 1640) was finalized against the Nonparty Company.

The plaintiff raised an objection to the above payment order, and the court of Incheon District Court is currently pending in the trial.

(2014Gais 86458). [Reasons for recognition] A] Fact that no dispute exists, Gap evidence 1, Eul evidence 1, and the purport of the whole pleadings

2. Determination

A. According to the above facts, since the party to the contract of this case is the non-party company and the defendant, barring special circumstances, the defendant occupies the house of this case without title, and thus is obligated to deliver the house of this case to the plaintiff who is the owner and return the profits equivalent to the profits from its use.

Furthermore, in ordinary cases, the amount of profit from the possession and use of real estate shall be an amount equivalent to the rent of such real estate, and as to the Plaintiff’s assertion that the amount of profit is KRW 500,000 per month, it shall be deemed that the Defendant led to the confession pursuant to Article 150(1) of the Civil Procedure Act. Thus, the Defendant is obligated to pay to the Plaintiff unjust enrichment calculated by the ratio of KRW 50,000 per month from June 23, 2013 to the day on which the delivery of the said

(b)in preference;

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