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(영문) 수원지방법원 2017.02.09 2016가합70204
건물등철거
Text

1. The Plaintiff and the Defendant Korea Urban Development Implementation Co., Ltd. are KRW 6,612,00,000 as well as the Plaintiff’s December 30, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner of land C, D, E, and F (hereinafter collectively referred to as “instant land”).

On April 23, 2014, the Plaintiff leased the instant land to the Defendants as KRW 12 months during the lease period and KRW 50 million in the rent 12 months (value-added tax separate) (hereinafter “instant primary lease”). The Defendants established a housing exhibition center and container stuff on the instant land.

B. On April 23, 2015, the Plaintiff and the Defendants concluded a land lease extension contract (hereinafter “instant lease contract”) including the term of lease extended by six months until October 22, 2015, and the term of lease extended by 30 million won (value-added tax separate) for six months, including the following: (a) the term of lease extended by 6 months; and (b) the term of lease extended by 30 million won (hereinafter “instant lease contract”); and (c) the instant first lease agreement.

[Reasons for Recognition]

1. The fact that there is no dispute over the Defendant B regional housing association, entry of Gap 1 and 2 evidence (including branch numbers for those with serial numbers; hereinafter the same shall apply), and the purport of the whole pleadings;

2. Deemed confessions under Article 150 (3) of the Civil Procedure Act of the defendant Korea Development and Implementation Division;

2. The gist of the Plaintiff’s assertion terminated on October 22, 2015. The Defendants occupied and used the instant land by owning and using the Housing Exhibition Center and container stuff installed on the instant land until May 18, 2016. The amount equivalent to the rent between February 23, 2016 and May 18, 2016 unpaid by the Defendants is at least 15,76,00 won, and the Defendants are jointly and severally liable to pay the Plaintiff the amount equivalent to the rent equivalent to 15,76,00 won due to the illegal occupation or the return of unjust enrichment.

In addition, the Defendants paid 234,446 won (617,320 won x 139/3666) on behalf of the Plaintiff from January 1, 2016 to May 18, 2016, which the Defendants shall pay to the Plaintiff for the amount of 846,00 won for the reimbursement of 612,260 won = 612,260 won, 1,000 won for the reimbursement of the reimbursement to the Plaintiff jointly and severally.

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