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(영문) 대구지방법원포항지원 2015.05.21 2014가합41044
건물명도
Text

1. The defendant

(a) deliver each real estate listed in the separate sheet;

(b) An annex from October 15, 2014 to the Schedule.

Reasons

1. Determination as to the cause of claim

A. 1) On October 15, 2012, the Plaintiff is entitled to each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) between Posiethyl on October 15, 2012.

(B) The term of the lease contract with respect to the lease deposit amounting to KRW 50 million, KRW 4 million per month, and the term of the lease (hereinafter referred to as “instant lease contract”) from October 15, 2012 to October 14, 2014 (hereinafter referred to as “the term of the lease”).

(2) On April 8, 2014, the Defendant: (a) succeeded to the lessee status of the instant lease agreement from Posethyl; and (b) drafted a lease agreement with the Plaintiff and the Defendant succeeding to the lessee status of the instant lease agreement; (c) on September 11, 2014 and October 2, 2014, the Defendant sent to the Plaintiff proof that the instant lease agreement was not renewed; and (d) the instant lease agreement was terminated on October 14, 2014.

3) Meanwhile, Posiethyl and the Defendant paid all the teas on each of the instant real estate from October 15, 2012 to October 14, 2014. The Defendant occupied and used each of the instant real estate from the Plaintiff’s succession to the lessee status of the instant lease agreement to the time of closing argument in the instant case. [Grounds for recognition] The fact that there is no dispute, Party A’s 2, 3, and 4 evidence (including the virtual number), and the purport of the entire pleadings.

B. According to the facts of the above recognition, the instant lease agreement was terminated on October 14, 2014. Thus, barring any special circumstance, the Defendant, who succeeded to the status of the instant lease, is obligated to deliver each of the instant real estate to the Plaintiff, the owner of each of the instant real estate, to restore the original state, and return the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 4 million per month from October 15, 2014 to the completion date of delivery of each of the instant real estate.

2. Judgment on the defendant's assertion

A. The Defendant agreed to extend the term of the lease agreement with the Plaintiff shall extend the instant lease agreement by October 14, 2016.

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