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(영문) 부산지방법원 2019.10.01 2018가단337331
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

B. As from November 1, 2018, the delivery of the above real estate.

Reasons

1. The Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), leased the said real estate to C on August 13, 2018, at KRW 10,000,000, monthly rent 90,000. The Defendant, from August 28, 2018, who occupied and used the said real estate from around August 28, 2018, did not conflict between the parties, or is recognized by comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1, 2, 3, and 4.

According to the above facts, the defendant is obligated to deliver the above real estate to the plaintiff who is the owner of the real estate of this case, unless there are other special circumstances, and to return the unjust enrichment equivalent to the rent calculated at the rate of KRW 900,000 per month from November 1, 2018 to the completion date of delivery of the above real estate, as claimed by the plaintiff.

2. Judgment on the defendant's defense

A. The summary of Defendant’s defense concluded a lease agreement with C on August 20, 2018 by setting the lease deposit of KRW 180,000,000 and the lease term from August 20, 2018 to August 19, 2020 with respect to the instant real estate, and thereafter, the Defendant paid all the deposit money at that time and resides in the said real estate from August 28, 2018 to household C, and there is no right of representation to conclude the said lease agreement with C.

Even if the plaintiff agreed to sublease the real estate of this case, the defendant is residing in the above real estate according to an agreement with C under a lease agreement with the plaintiff.

Therefore, the defendant has a legitimate right to possess the real estate of this case.

B. According to the purport of the entire argument in the statement No. 1 and No. 5-1 of the judgment, the following facts are acknowledged: (a) the name of the Defendant was written in the column of the Plaintiff, the Plaintiff’s agent, and the lessee in the column of lease contract dated August 20, 2018; (b) the seal of the Plaintiff’s name was affixed in the column of the lessor; and (c) the deposit account was written in the column of the deposit account.

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