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(영문) 수원지방법원 2019.01.29 2018가단516561
토지인도
Text

1. The defendant is jointly with the co-defendant C and D before separation and is jointly with the plaintiff.

(a) Attached List No. 1.

Reasons

1. Facts of recognition;

A. On June 2010, the Plaintiff entered into a lease agreement with the co-Defendant C before separation and each of the lands listed in the attached Table No. 1 (hereinafter “instant land”) (hereinafter “instant lease agreement”) with the term of lease from June 21, 2010 to November 30, 2015, setting the annual rent of KRW 7,100,000 (hereinafter “instant lease agreement”).

B. C received delivery of the instant land from the Plaintiff and occupied and used each of the buildings listed in paragraphs 2 and 3 of the attached Table (hereinafter “instant building”) on the ground of the instant land along with Codefendant D Co., Ltd., Ltd. prior to its separation as its representative.

C. Around January 2015, the Defendant, with C’s permission, occupied and used the instant land along with C and D while operating the rural experience farm using the instant land and building.

On July 27, 2015, the Plaintiff sent to C a certificate stating the refusal to renew the instant lease agreement, and served to C around that time.

E. From December 1, 2015, the Defendant and C et al. did not pay to the Plaintiff unjust enrichment, such as rent related to the use of the instant land.

[Ground of recognition] Facts without dispute, Gap 1-7, 9, 10 evidence (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. Comprehensively taking account of the facts acknowledged earlier, the instant lease agreement terminated on November 30, 2015, and thus, the Defendant is obligated to remove the instant building in collaboration with C and D with the obligation to restore it to the original state and deliver the instant land to the Plaintiff.

B. Even after the termination of the instant lease agreement, the Defendant, by occupying and using the instant building on the instant land even after the termination, has obtained unjust enrichment equivalent to the rent of the instant land, and has inflicted damages on the Plaintiff equivalent to the same amount, is obligated to return it as unjust enrichment.

With respect to the amount of unjust enrichment to be returned by the defendant.

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