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(영문) 서울중앙지방법원 2019.09.17 2019가단5093918
건물인도
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) C and Defendant D are 1,2,3,4 and 4 of the buildings listed in the separate sheet.

Reasons

1. The grounds for the Plaintiff’s claim as to the claim of the principal lawsuit are as shown in the attached Form.

Defendant B and D did not appear on the date of pleading without submitting any document, such as a written reply or a preparatory document, until the closing of argument, so it is deemed that they led to the confession of the facts constituting the above claim in accordance with Article 150(3) and (1) of the Civil Procedure Act.

Defendant C may also be deemed as having led to confession pursuant to Article 150(1) of the Civil Procedure Act because it does not clearly dispute the fact of the cause of the claim, and even if not, it may be acknowledged in full view of the overall purport of the pleadings in the statement No. 1-5 (if any, the indication is omitted).

According to the above, the lease between the plaintiff and the defendant B was lawfully terminated by the delivery of the complaint of this case on the grounds of delinquency in payment of the rent for the period of three years. However, the above defendant did not pay the rent after January 31, 2019, and further, he occupied and used the building of this case after the termination of the lease, thereby gaining unjust enrichment equivalent to the rent. Thus, the above defendant is obligated to pay to the plaintiff the amount of money calculated as KRW 27.5 million from January 31, 2019 to the delivery date of the building of this case as the return of unjust enrichment equivalent to the rent after the termination of the lease.

In addition, as long as the lease is lawfully terminated as above, Defendant C and D possessing the building of this case based on the sub-lease are illegal possessors, the above Defendants are obligated to deliver this to the Plaintiff, the owner of the building.

The plaintiff's main claim against the defendants is legitimate and accepted.

2. The defendant C consented to the sub-lease and the establishment of the accessories by the above defendant, and the above defendant installed approximately KRW 40 million, thus exercising the lessor’s right to purchase the accessories upon the lease and the completion of sub-lease.

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