(영문) 수원지방법원 2016.06.30 2015가단52479

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(영문) 수원지방법원 2016.06.30 2015가단52479

건물명도

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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. As from June 1, 2013, 45,130,000 and as above.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant building”).

B. On June 1, 2011, the Defendant registered the instant building with the trade name “Catur” and is running accommodation, etc. while occupying the said building up to now.

[Ground of recognition] The fact that there is no dispute, Gap evidence No. 1, and the court's inquire result of the fact-finding conducted on December 9, 2015, the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff is the owner of the building of this case, and the defendant occupies the building of this case without proper authority. Thus, the defendant is obligated to deliver the building of this case to the plaintiff and pay the plaintiff the rent of 5,400,000 won per month and the illegal gains equivalent to the management expenses until the completion of the above delivery.

The plaintiff only entered into a lease contract with D, which is a friendly branch of the defendant, and there is no fact that the lease contract was entered into with the defendant, and the above lease contract was terminated by the expiration of the term.

B. On May 31, 201, the Defendant leased the instant building from the Plaintiff up to June 1, 201 by setting the lease deposit amount of KRW 250,00,000, monthly rent of KRW 1,000,000, and the lease term of KRW 1,000,000, and thereafter, the said lease term has been implicitly renewed. Accordingly, the Defendant has the right to possess the instant building based on the above lease.

3. Determination

A. As to who is a party to a contract where an actor, who is a principal of the contract, committed a juristic act in the name of another person, shall be determined by the consent of the actor and the other party. If the intent of the actor and the other party are in accord, then the other party shall be determined as a party to the contract. If the other party does not coincide with the other party, based on the specific circumstances before and after the conclusion of the contract, including the nature, content, and purpose of the contract.

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