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(영문) 서울고등법원 2020.09.08 2019나2025323
건물명도(인도)
Text

1. A counterclaim that has been changed to a selective claim by this court and a motion to participate in the succession of the plaintiff succeeding intervenor.

Reasons

The main lawsuit and counterclaim are also finite.

1. The Defendant: (a) around July 2010, leased the entire second floor of J-dong J-dong (hereinafter “commercial building second floor”) among the buildings listed in the list of real estate in attached Form 1 (hereinafter “commercial building”); and (b) operated a beauty room after completing business registration with “L” on July 3, 2010.

On July 20, 2015, the Defendant, upon renewal of a lease agreement with C, agreed to lease the second floor of commercial building with the deposit for the lease of KRW 40 million and KRW 3.85 million per month of rent, operated the beauty room as in the previous case after the Defendant had decided to lease the second floor of commercial building until July 8, 2017.

After purchasing a commercial building from C on August 20, 2015 and completing the registration of transfer of ownership on September 18, 2015, the Plaintiff sold the commercial building to the intervenors on January 8, 2020 during the litigation of this case and completed the registration of transfer of ownership by the Intervenor on January 9, 2020.

[Reasons for Recognition] Each entry in Gap's Evidence Nos. 1 through 4, 25 and the purport of the whole pleadings

2. The principal lawsuit and the motion for succession participation, and the judgment thereon

A. The plaintiff and the intervenor asserted as the principal lawsuit that the defendant continued to possess and use the second floor of the commercial building even if the lease of the second floor of the commercial building has expired after they acquired the ownership of the commercial building, and thus, the defendant is obligated to return unjust enrichment acquired by the defendant by transferring the second floor of the commercial building to the plaintiff and by occupying and using the second floor until its delivery.

As the intervenor acquired ownership of a commercial building during the course of the lawsuit in this case, the intervenor asserts that the intervenor had the obligation to deliver the second floor of the commercial building to the intervenor and that the defendant has the obligation to return the unjust enrichment from the possession and use of the building to the plaintiff (the part concerning the claim for return of unjust enrichment).

B. On August 20, 2015, the Plaintiff acquired a commercial building from C to succeed to the lessor’s status against the Defendant, and subsequently, on August 2017.

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