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(영문) 수원지방법원 2015.01.16 2014가단47333
건물명도 등
Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in their respective separate lists;

B. Defendant B Co., Ltd. shall be deemed to have been incorporated on March 2013.

Reasons

1. Determination on the cause of the claim

A. (1) On June 1, 2012, the Plaintiff: (a) leased the instant real estate to Defendant B Co., Ltd. (hereinafter “Defendant Company”) by setting the monthly rent of KRW 300,000; and (b) from June 1, 2012 to 12 months; and (c) at the time between the Plaintiff and the Defendant Company, the Plaintiff agreed that the said lease agreement may be terminated if the Defendant Company delays the monthly rent for at least two months.

(2) However, from April 30, 2013, Defendant Company did not pay the Plaintiff monthly rent, and the duplicate of the instant complaint stating the Plaintiff’s declaration of intent to terminate the said lease agreement was served on the Defendant Company on October 23, 2014.

(3) The Plaintiff: (a) from May 2014 to May 2014, sent to the Defendant Company a proof of the content of demanding the payment of monthly rent; (b) however, it is difficult to view that there was an explicit expression of intent of termination in each of the above content certification). Meanwhile, the Defendant Company leased the instant real estate to use it as an employee’s accommodation; (c) Defendant C, D, and E, an employee of the Defendant Company, occupied and used the instant real estate as an employee from July 2012 to the closure of the pleadings of the instant case.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

B. According to the above facts of recognition, the lease contract between the plaintiff and the defendant company was lawfully terminated.

Nevertheless, the Defendants occupied and used the instant real estate even after the termination of the above lease agreement, and thus jointly occupied the Plaintiff as the owner. Accordingly, the Defendants eventually delivered the instant real estate to the Plaintiff. ① The Defendants delivered each of the instant real estate to the Defendants, ② The Defendant Company’s monthly rent and unjust enrichment based on the ratio of KRW 300,000 per month from April 30, 2013 to the completion date of delivery of the instant real estate from April 30, 2013 to April 30, and the Defendant C, D, and E, respectively, legally terminated the above lease agreement with the Defendant Company.

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