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(영문) 창원지방법원 2020.11.04 2020가단110888
건물인도
Text

The defendant ordered the plaintiffs to order the real estate stated in the attached list, and the plaintiff B-Housing Reconstruction Project Association.

Reasons

1. Basic facts

A. The Plaintiff, as the owner of the real estate originally indicated in the separate sheet (hereinafter referred to as the “real estate of this case”), leased the real estate of this case to the Defendant in KRW 120,000 without a deposit, prior to about ten years. The Defendant thereafter leased the real estate of this case to the present day.

B. Plaintiff B Housing Reconstruction and Maintenance Project Association is an association authorized as the implementer of the D-Japan Housing Reconstruction and Improvement Project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on June 19, 2015, and is an external owner who completed the registration of ownership transfer due to the trust of the Plaintiff A after being entrusted with the instant real estate from the Plaintiff.

C. The Plaintiffs sought delivery of the instant real estate to the Defendant for the termination of lease and the preparation for the implementation of the Plaintiff Union’s project, but the Defendant demanded relocation expenses, etc., and rejected such request.

The Plaintiffs asserted to the effect that the delivery of a duplicate of the complaint of this case requires the termination of the lease contract and the evacuation under Article 81 of the Act on the Maintenance and Improvement of Urban Areas.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap 1 to 4, the whole purport of pleading

2. Determination

A. According to the above facts, as long as a copy of the complaint of this case was delivered to the defendant, the lease contract of this case is terminated, and it is confirmed that the defendant did not pay the fees to the plaintiffs after the delivery of the copy of the complaint of this case.

B. Therefore, barring any other special circumstances, the Defendant is obligated to order the Plaintiff Union, which succeeded to the lessor’s rights and the owner’s rights under the Plaintiff A and the Urban Improvement Act seeking an order as a lessor under the original lease agreement, as a reinstatement of the lease agreement.

C. The Plaintiff Union seeks money at a rate of 30,000 won per day as the payment of unjust enrichment equivalent to the royalty to the Defendant, but the Defendant’s initial rent.

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