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(영문) 수원지방법원 2020.12.16 2020가단504714
건물인도
Text

The Defendant, as the Plaintiff

(a) deliver the buildings listed in the separate sheet;

B. 6,94,130 Won and its equivalent November 2020

Reasons

1. The Defendant, from December 15, 2019 to December 15, 2019, occupied or used the building listed in the separate sheet (hereinafter “instant building”), which is owned by the Plaintiff. The facts constituting the rent from December 15, 2019 to December 635,830 per month of the instant building can be acknowledged by comprehensively taking into account the following facts: (a) the Defendant occupied or used the instant building; (b) thereby interfering with the Plaintiff’s exercise of ownership; (c) the Plaintiff obtains profit equivalent to the rent of the instant building from December 15, 2019 to December 14, 2019; and (d) the Defendant, as the possessor, transferred the instant building to the Plaintiff; and (d) from December 15, 2019 to November 14, 2019 to December 36, 196: (e) the amount of the rent from December 15, 2019 to December 14, 2019 to KRW 13636,36,19.

2. Judgment on the defendant's assertion

A. On January 4, 2018, the Defendant asserted that the building of this case was leased by D Co., Ltd. (hereinafter “D”) that duly represented the Plaintiff, with the terms of KRW 40 million, KRW 300,000,000, KRW 300,000, and KRW 24 months from January 12, 2018 to January 11, 2020.

(Right of Representation). Even if D did not have the right of representation on behalf of the Plaintiff, the Plaintiff indicated that D would confer the right of representation on D, and the Defendant knew or could not have known that D did not have a legitimate right of representation.

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