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(영문) 수원지방법원 2016.01.26 2014가단531531
건물명도
Text

1. The part of the plaintiffs' claim for unjust enrichment equivalent to future rent among the plaintiffs' claims in this case is dismissed.

2. The defendant.

Reasons

Basic Facts

On October 5, 2010, the Plaintiffs concluded a lease agreement with the Defendant with the terms that the Plaintiff shall lease the instant real estate with a deposit of KRW 30 million, monthly rent of KRW 1.5 million, and the term of lease from October 5, 201 to October 4, 201. ② On October 5, 2011, the Plaintiffs renewed a lease agreement with the Defendant by setting the lease agreement with a deposit of KRW 40 million, monthly rent of KRW 1.4 million, and the term of lease from October 5, 201 to October 4, 2012; ③ on September 21, 201, the lease agreement was renewed by setting the lease agreement to be renewed from October 4, 201 to the lease agreement of KRW 1.5 million, monthly rent of KRW 1.5 million, and the term of lease from October 4, 2012 to October 4, 2012 (hereinafter “instant lease agreement”).

On August 1, 2014, the plaintiffs notified the defendant that they will terminate the contract on the expiration date of the instant lease contract, and the defendant requested the renewal of the lease contract to the plaintiffs around that time.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1, 2, 5, Eul's evidence Nos. 1 and 2 (including provisional number), and the ground for claim of the whole pleadings, the defendant asserted that the defendant constructed a building without permission to assemble the real estate of this case without the consent of the plaintiffs, a lessor, and did not comply with a corrective order, such as removal around February 2014.

On August 1, 2014, the Plaintiffs notified the Defendant of his intention to express the instant commercial building on the date when the contract of this case expires.

Since the term of the instant lease agreement expired, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, remove the said unauthorized building, and pay the amount calculated by the ratio of KRW 1.5 million per month from October 1, 2015 to the delivery date of the instant real estate.

Judgment

According to the above recognition of the claim for delivery of a building, the instant lease contract expired on October 4, 2014, barring any special circumstance, the Defendant shall deliver the instant real estate to the Plaintiffs.

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