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(영문) 서울북부지방법원 2016.05.13 2015가단31435
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver five stories 198.68§³ among the real estate listed in the attached list;

B. From February 29, 2012

Reasons

1. Facts of recognition;

A. As to the real estate indicated in the attached list, the Defendant completed the registration of ownership transfer on September 18, 2006, and the Plaintiff completed the registration of ownership transfer on February 27, 2012 due to the sale by voluntary auction.

B. On February 29, 2012, the Defendant entered into a lease agreement with the Plaintiff and the 5th and the 6th among the real estate listed in the separate sheet in the name of the Plaintiff and the 5th and the 6th among the real estate listed in the separate sheet in the separate sheet with the effect that the lease deposit amount is KRW 50 million per month, the rent is KRW 4.5 million per month, and the lease term is from February 29, 2012 to February 28, 2013, and occupied and used

On September 15, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) that is identical to the previous lease agreement, except that the Plaintiff and the lessee are changed to D.

C. On March 15, 2014, the Plaintiff drafted an agreement with the Defendant that “The lessee agreed to adjust the monthly rent (including management expenses) at KRW 3 million, as the lessee had ordered the lessor to six floors with respect to the lease of the five and six floors of the building,” in the presence of the Defendant.

On June 10, 2015, the Defendant drafted a written agreement with F, the representative director of the Plaintiff, stating, “The 5th class of the 5th class is required to move in June through July, 2015.”

E. From February 29, 2012, the Defendant delayed the payment of rent to the Plaintiff, and up to now, the Defendant is “the instant real estate” with five floors not exceeding 198.68§³ among the real estate listed in the attached Table.

possession and use of evidence. [In the absence of dispute over the basis of recognition, Gap 1 to 3, 6, 10 evidence, Eul 2], the purport of the whole pleadings.

2. Determination

A. According to the above facts, as the instant lease contract was terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the rent or unjust enrichment equivalent to the rent, calculated by the ratio of KRW 3 million per month from February 29, 2012 to the delivery date of the instant real estate.

B. The defendant shall not later than the settlement of the F's partnership relationship with F.

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