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(영문) 청주지방법원제천지원 2015.10.28 2014가단4312
건물명도
Text

1. Defendant C delivers to the Plaintiff the building indicated in the attached list, and from September 5, 2015, Defendant C delivers the building as indicated in the attached list to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. On June 5, 2012, the Plaintiff asserted that the building indicated in the separate sheet (hereinafter “instant building”) was leased to Defendant B at KRW 250,000 per month, and Defendant B did not pay rent at least twice. As such, the said lease contract is terminated by serving a duplicate of the instant complaint on the part of Defendant B.

Therefore, Defendant B is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff rent of KRW 7,900,000 in arrears and the amount of unjust enrichment equivalent to the rent of KRW 250,000 per month from September 5, 2015 to the completion date of delivery of the instant building.

B. On June 5, 2012, as to who is the party (Lessee) who entered into a lease contract with the Plaintiff, Defendant B sought the Plaintiff on June 5, 2012 with Defendant C, and Defendant C needed to temporarily work and reside in the “D Farmwon” operated by Defendant C, and the Plaintiff had Defendant C use the instant building without a deposit, with Defendant C at KRW 250,000 per month of rent. However, there is no dispute between the parties who lived in the instant building.

However, the above recognition alone is insufficient to view Defendant B as a party to a lease agreement, and there is no other evidence to acknowledge it otherwise.

Rather, the following circumstances revealed in the above recognition: (a) was scheduled to lease a short term from the beginning; (b) Defendant B demanded that the Plaintiff use the room with Defendant C; and (c) the Plaintiff was aware of the fact that the Plaintiff was a person who actually uses the room; (d) although the Plaintiff was directly given a rent, it should be viewed as a special method for the payment of rent; and (e) the actual burden of rent was the Defendant C, and the Defendant B was the Defendant C.

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