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(영문) 수원지방법원성남지원 2017.09.13 2017가단207146
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B and C shall deliver the real estate listed in the separate sheet, and Defendant D shall be listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On March 23, 2012, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 20 million, KRW 1,000,000 per month, monthly rent, and KRW 23,000 per month, and the period from March 23, 2012 to March 22, 2014 (hereinafter “instant lease agreement”). On the same day, the Plaintiff transferred the instant real estate to the said Defendant on the same day.

Since then, the Plaintiff and Defendant B agreed to renew the instant lease agreement and to increase the rent to KRW 1,200,000 per month from March 23, 2016.

B. From January 23, 2016, Defendant B did not pay the Plaintiff rent, and on March 20, 2017, the Plaintiff sent a content-certified mail requesting Defendant B to deliver the instant real estate as the instant lease term expires on March 22, 2017.

C. Defendant C moved to a resident of the instant real estate on May 14, 2012.

On March 12, 2013, Defendant B entered into a sublease contract with Defendant D with respect to 42.32 square meters of the instant real estate on the first floor among the instant real estate without the Plaintiff’s consent.

【Defendant B: Each entry of evidence Nos. 1 through 7, the purport of the whole pleadings, Defendant C, and D: Articles 208(3)2 and 150(3)(i) of the Civil Procedure Act

2. Determination

A. According to the facts of the determination as to the cause of the claim, Defendant B and C are obligated to deliver the instant real estate to the Plaintiff, Defendant D is obligated to deliver the amount of KRW 42.32 square meters of the first floor of the instant real estate, and Defendant B is equivalent to the amount of unjust enrichment with the ratio of KRW 16,40,000 among the instant real estate, and the unpaid rent of KRW 16,40,000 from March 23, 2016 to April 18, 2017, the delivery date of a copy of the instant complaint from March 23, 2017; damages for delay calculated at the rate of KRW 15 per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment; and damages for delay calculated at the rate of KRW 1,200,000 per month from March 23, 2017 to the completion

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