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(영문) 수원지방법원여주지원 2017.11.29 2017가단50916
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) from March 1, 2017, entry in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with the original Co., Ltd. on the lease of real estate listed in the separate sheet (hereinafter “instant building”). However, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms of KRW 2 million per month for the instant building and the lease period from October 26, 201 to February 28, 2017 (hereinafter “instant lease agreement”).

B. On January 5, 2017, the Plaintiff sent to the Defendant a certificate of content requesting the delivery of the instant building upon the expiration of the term of lease of the instant lease, and the said certificate reaches the Defendant around that time.

C. Even after the lease period of the instant building expires, the Defendant occupied and used the instant building by subleting it to a third party as of the date of the closing of argument.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 4-1, Gap evidence 4-2, and the purport of the whole pleadings

2. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on February 28, 2017, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstance.

In addition, even after the lease term expires, the defendant continuously occupies and uses the building of this case without any legal cause, thereby gaining profit equivalent to the rent, and thereby causing damage to the plaintiff, barring special circumstances, the defendant is obligated to return unjust enrichment equivalent to the rent of the building of this case to the plaintiff. Barring special circumstances, the defendant is obligated to return to the plaintiff unjust enrichment equivalent to the rent of the building of this case. The ground for 2 million won per month is the rent of the building of this case under the lease of this case as seen earlier. Thus, the defendant is obligated to return unjust enrichment calculated by the ratio of 2 million won per month from March 1, 2017 to the completion date of delivery of the building of this case.

3. As to the Defendant’s assertion, the Defendant raised objection.

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