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(영문) 수원지방법원 2019.05.21 2017가단543771
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. Of the 4,865 square meters in the C warehouse site in Osan-si (attached Form 1), appraisal maps are indicated in 156, 157, 158, 159, 159.

Reasons

1. Determination on the cause of the claim

A. On July 6, 2017, the Plaintiff is deemed to be the Plaintiff’s land for 4,865 square meters (hereinafter “instant land”) in the warehouse site in Osan-si, Osan-si (hereinafter “instant land”).

(2) On April 19, 2017, the Defendant completed the registration of ownership transfer on the ground of sale and purchase on the land in this case (attached Form 1) around September 2016, the Defendant, on the land in this case (attached Form 1), has installed the facilities of the Sejong Deputy Director, including containers, without any lawful permission, and has occupied and used the part of the land in this case until now, while operating the Sejong Deputy Director, who has installed the facilities of the Sejong Deputy Director, including containers, in the order of 156, 157, 158, 159, 169, 160, 161, 162, 163, 164, 165, 153, 156.

3) On February 6, 2018, the Osan City notified the Plaintiff of the administrative measures following the violation of the Building Act with respect to the container 15 square meters and steel pipe 50 square meters on the instant part of the land. 4) The rent from July 6, 2017 to January 16, 2019 regarding the instant part of the land is KRW 8,251,000, and the monthly rent is KRW 454,000 after January 17, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, result of a request for measurement and appraisal of appraiser D, result of a request for appraisal of rent for appraiser E, the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to deliver the part of the instant land to the Plaintiff, and return unjust enrichment calculated by the ratio of KRW 8,251,000 per month from July 6, 2017 to January 16, 2019 and from January 17, 2019 to the completion date of delivery of the instant land to KRW 454,00 per month.

2. Judgment on the defendant's defense

A. On September 9, 2016, the Defendant: (a) leased the instant part of the land from Non-Party F Co., Ltd. (hereinafter “Non-Party F”) by setting the deposit amount of KRW 20 million; (b) premium of KRW 20 million; (c) monthly rent of KRW 1.2 million; and (d) the period of one year; and (c) implied renewal has been made after the expiration of the contract period; and (d) the Defendant occupied the instant part of land.

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