(영문) 인천지방법원 2017.11.14 2017가단215017

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(영문) 인천지방법원 2017.11.14 2017가단215017

건물명도(인도)

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1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. Defendant A and B shall be jointly and severally liable to the Plaintiff.

Reasons

1. As to the claim against the defendant A

A. Facts of recognition 1) Defendant A and B are real estate listed in the separate sheet (hereinafter “instant real estate”) around March 2013.

(D) The lease agreement between D and D, the owner of which is KRW 130 million, monthly rent of KRW 4.3 million (in addition to value-added tax, KRW 5 million per month), the lease agreement between March 5, 2013 and March 4, 2014 (hereinafter “instant lease agreement”).

(2) On February 15, 2017, Nonparty F and G acquired the ownership of the instant real estate, and the Plaintiff completed the registration of ownership transfer on the grounds of trust on the same day.

3) On January 31, 2017, D expressed to Defendant A and B the intent to refuse to renew the instant lease agreement. [Grounds for recognition: the fact that there is no dispute, Gap evidence Nos. 1, 3 through 7, and the purport of the entire pleadings.]

B. According to the facts of the judgment on the Plaintiff’s cause of claim, the instant lease agreement is deemed to have been lawfully terminated on the grounds of the expiration of the period on March 4, 2017, and barring any special circumstance, Defendant A is obligated to deliver the instant real estate to the Plaintiff who succeeded to the status of D, etc., and the Plaintiff is obligated to pay the overdue rent of KRW 2,837,99 (=4,730,000 x 18/30) and damages for delay from February 15, 2017 to March 4, 2017.

Furthermore, with respect to the amount of unjust enrichment to be returned by Defendant A, the amount of profit from the possession and use of the real estate in ordinary cases is the amount equivalent to the rent of the real estate. As seen above, the facts constituting the monthly rent of 4,730,000 shall be the same as the monthly rent of the real estate in this case, and thereafter, it shall be ratified that the amount would be the same as the subsequent rent. As such, Defendant A is obliged to pay to the Plaintiff the amount equivalent to the monthly rent of 4,730,000 won from March 5, 2017 to the completion date of delivery of the real estate in this case.

C. As to Defendant A’s assertion

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