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Reasons
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(영문) 의정부지방법원 2016.01.08 2014가합8612
건물명도
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1. Defendant B shall deliver to the Plaintiff the building indicated in the attached list.

2. Defendant B: (a) KRW 110,000,000 and KRW 15,015 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. 1) The plaintiff is a member of the D clan (hereinafter "the clan of this case").

(C) the building listed in the separate sheet (hereinafter referred to as “instant building”)

A) On July 1, 2010, Defendant B leased the instant building to Defendant B, setting the instant building as KRW 100,000,000 for a sublease deposit, KRW 10,000 for a monthly rent (on the last day of each month), and the sublease period from July 1, 2010 to July 30, 2012. (2) Defendant B did not pay a rent from July 2013.

3) Since the said sub-lease contract was terminated due to the expiration of the period or the declaration of intent to terminate the said sub-lease contract due to Defendant B’s unpaid rent, Defendant B, the lessee, is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the unjust enrichment equivalent to the rent or rent of KRW 210,00,000,000, which is the aggregate of the monthly rent unpaid from July 2013 to March 2015 (=10,000,000 x 210,000,000, which deducts the deposit deposit of KRW 100,000,000 from April 30, 2015 and from April 30, 2015 to the completion of delivery of the instant building.

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment based on the recommendation of confession;

2. Determination as to the claim against Defendant C

A. 1) The Plaintiff is the president of the instant clan, and Defendant B is a person in a de facto marital relationship with the Plaintiff, and Defendant C was a person who was engaged in accommodation business in the instant building with Defendant B. 2) On July 1, 2010, the instant clan, the owner of the instant building, was determined as KRW 200,000,000, and the term of lease from July 1, 2010 to July 1, 2012, the Plaintiff leased the instant building as KRW 8,00,000,000 per month.

3. On July 1, 2010, the Plaintiff leased the instant building to Defendant B with KRW 100,000,000 as lease deposit, up to July 30, 2012, and up to July 30, 2012.

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