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(영문) 청주지방법원 2018.04.19 2017가단105388
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. Among the 4336.66 square meters of the third floor of the building indicated in the attached list, the annexed drawings are indicated (1), (2), (3), (4), and (4).

Reasons

1. Basic facts

A. A. Around December 2015, the Plaintiff entered into a lease agreement with the Defendant with the terms that the Plaintiff leases the instant building portion (hereinafter “the instant lease agreement”) that is the Plaintiff’s management property from December 19, 2015 to March 20, 2016, with the term of KRW 10,835,790 (hereinafter “instant lease agreement”), and delivered the instant building portion to the Defendant.

B. Although the instant lease agreement had expired on March 20, 2016, the Defendant continued to occupy the instant building and did not return it until now.

C. Meanwhile, according to Articles 14 and 15 of the instant lease agreement, the lessee shall return the leased property upon the expiration of the lease term, and if the lessee fails to perform such obligation, he/she shall pay the amount equivalent to 20/10 of the rent and the rent plus the amount equivalent to 20/100 of the rent.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including all branch numbers in the case of additional number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts finding as to the request for extradition, the instant lease contract terminated on March 20, 2016, and thus, the Defendant is obligated to deliver the instant building portion to the Plaintiff.

B. According to the above facts finding as to the claim for money, since the Defendant occupied the building portion of the instant building without lawful authority until the date after March 20, 2016 when the instant lease contract was terminated, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent for the use of the building portion of the instant building from March 21, 2016 to the completion date of delivery of the building portion of the instant building, and without permission under Articles 14 and 15 of the instant lease contract from March 21, 2016 to May 31, 2017. The amount is 61,09,873 annual rent from March 21, 2016 to May 31, 2017.

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