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(영문) 창원지방법원 2015.09.03 2014가합35464
부동산인도 등
Text

1. The Defendants are to the Plaintiff:

(a) remove each of the real estate listed in Schedule 3 to 6;

(b) annex.

Reasons

1. Facts of recognition;

A. On September 8, 2012, the Plaintiff, as the owner of the land listed in [Attachment List 1 and 2 (hereinafter “instant land”); and on September 8, 2012, the Plaintiff leased each of the said land to Defendant Two Plastic Co., Ltd. with a lease deposit of KRW 20 million; monthly rent of KRW 2.8 million (excluding value-added tax); and from September 20, 2012 to September 20, 2014 during the lease term.

B. The Defendants, on the ground of the instant land leased by Defendant Two Plastic Co., Ltd. from the Plaintiff, build and occupy the factory buildings, etc. listed in the attached list 3 through 6.

C. Although the above lease contract was terminated on September 20, 2014, the Defendants possessed the instant land until now.

[Reasons for Recognition] Confession (Article 150 of the Civil Procedure Act)

2. According to the determination and conclusion, the Defendants are obligated to remove the factory buildings, etc. on the ground of the instant land and deliver each of the instant land to the Plaintiff, and the Defendants are obligated to pay unjust enrichment equivalent to the monthly rent from September 21, 2014 to September 21, 2014, which is the day following the end of the lease contract, to the day the delivery of each of the instant land is completed.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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