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(영문) 수원지방법원성남지원 2015.07.30 2015가단8840
건물인도
Text

1. The Plaintiff:

A. The Defendants jointly deliver the buildings listed in the separate sheet;

B. Defendant B shall start on December 7, 2014.

Reasons

1. Facts of recognition;

A. On August 1, 2014, the Plaintiff leased the instant building owned by the Plaintiff to Defendant B by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 800,000,000 from August 7, 2014 to August 7, 2015.

B. Since then, Defendant B sublet the instant building to Defendant C without the Plaintiff’s consent, Defendant C currently occupies the instant building.

C. Meanwhile, Defendant B did not pay the rent after December 7, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination and conclusion, the instant lease agreement was lawfully terminated according to the Plaintiff’s declaration of termination on the ground of Defendant B’s illegal sublease and delinquency in rent (a certificate of content as of February 23, 2015 and delivery of a copy of the instant complaint).

Therefore, Defendant B is obligated to deliver the instant building to the Plaintiff following the termination of the lease agreement and pay the Plaintiff the overdue rent or unjust enrichment equivalent to the rent in arrears calculated by the rate of KRW 800,000 per month from December 7, 2014 to the delivery date of the building.

In addition, Defendant C also has the duty to deliver the instant building jointly with Defendant B, unless it proves otherwise the title of possession.

The claim of this case is justified and accepted.

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