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(영문) 서울북부지방법원 2019.02.15 2018가단7068
건물인도 등
Text

1. Defendant C shall deliver to the Plaintiff each real estate listed in the separate sheet.

2. The plaintiff defendant B.

Reasons

1. Claim against the defendant B

A. On March 2014, Defendant B (formerly: D Co., Ltd.) entered into a lease agreement with the Plaintiff on the instant store (a security deposit of KRW 10 million, monthly rent of KRW 800,000) and continued to possess the instant store since that time. From December 16, 2015, the Plaintiff’s assertion that the amount of the instant store exceeded three (3) minutes due to delayed payment of rent, and the instant store was subleted to Defendant C Co., Ltd. (hereinafter “Defendant C”).

Accordingly, the above lease contract is terminated by the delivery of the duplicate of the complaint of this case, and the delivery of the store of this case to Defendant B, and the payment of overdue rent and the return of unjust enrichment calculated by the ratio of KRW 80,000 per month from December 16, 2015 to the completion of delivery of the above store.

B. However, the evidence presented by the Plaintiff alone is insufficient to acknowledge the fact that the party who entered into a lease contract with the Plaintiff on March 2014 with the instant store was Defendant B (the party to the lease contract with the instant store appears to be E or a third party in full view of the overall purport of the entries and arguments in the evidence No. 1) and there is no evidence to support the fact that Defendant B occupied the instant store.

Therefore, we cannot accept the plaintiff's above argument.

2. Claim against Defendant C

(a) Judgment on deemed confession (Article 208 (3) 2 and the main sentence of Article 150 (3) of the Civil Procedure Act);

B. Indication of Claim: Defendant C occupies the instant store owned by the Plaintiff without a legitimate title, thereby seeking the delivery of the said store.

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