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(영문) 서울중앙지방법원 2016.08.25 2016가단5013690
건물명도
Text

1. The defendant,

A. For the Selection C, (1) among the real estate listed in paragraph 1 of the attached Table No. 1, the third floor “12,19,10.”

Reasons

1. Determination on the cause of the claim

A. The facts of recognition: ① the Defendant occupied and used the real estate listed in Section 1-A (1) of the Disposition No. 1 of the Order No. 1 (hereinafter “Real Estate No. 1”) owned by the Appointor C and the Appointor C (Appointed Party); KRW 5 million per month; KRW 500,000 per month; KRW 12 million per year; KRW 12 million per year; and KRW 1067,00 per month; and KRW 1,000 per year; and each of the above lease agreements was terminated on November 30, 2015 due to the expiration of each of the above lease periods; ② Nevertheless, the Defendant occupied each of the above real estate as of November 1, 2015, and did not pay monthly taxes. There is no dispute between the parties.

On the other hand, comprehensively taking account of the purport of the entire arguments in the statement No. 1 and No. 1-2 of the evidence No. 1-2, the defendant, while occupying and using each of the above real estate, installed air conditioners and cargo elevators as stated in No. 1-A (3) and No. 1-B (3) of the above real estate, and agreed to remove each of the above air conditioners and cargo elevators and restore them to their original state upon termination of the lease agreement to the plaintiff.

B. According to the above facts of recognition, the Defendant ordered the Appointor C to order the instant real estate No. 1, and the amount calculated by applying the rate of KRW 1 million (500,000,000) monthly rent for two months from November 1, 2015 to December 31, 2015 and KRW 50,000,000 from January 1, 2016 to the completion date of the name of the said real estate as unjust enrichment, and is obligated to remove the coolant installed on the said real estate.

In addition, the second real estate of this case is ordered to the Plaintiff (Appointed Party) from November 1, 2015 to December 31, 2015, the amount calculated by multiplying the monthly rent of 2,134,000 (1,067,000 won x 2) and the rate of KRW 1,067,00 per month from January 1, 2016 to the completion date of the name of the real estate of this case shall be paid as unjust enrichment, and the Plaintiff (Appointed Party) shall be obligated to remove air conditioners and freight elevators installed on the said real estate as unjust enrichment.

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