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(영문) 수원지방법원 2016.05.24 2015가합66369
건물명도
Text

1. The Defendant shall deliver to the Plaintiff the 203.10 square meters of the 1st floor among the buildings listed in attached Table 2, and from June 11, 2015 to the attached Table.

Reasons

1. Facts of recognition;

A. On April 25, 2013, Nonparty C is the following: (a) the Defendant: (b) the lease deposit amount of KRW 50 million on the first floor 203.10 square meters (hereinafter “the instant building”); (c) monthly rent of KRW 4 million (including value-added tax); (d) two years from June 11, 2013 to June 10, 2015; and (d) the lease agreement of this case under a special agreement stipulating that the lessee shall surrender without any condition at the time of the lessor’s request after the expiration of the lease period; and (e) the lease agreement of this case (hereinafter referred to as “the instant lease agreement”).

B. Around November 15, 2014, the Plaintiff purchased the instant lease agreement’s renewal request on December 19, 2014, under the condition that he succeeds to the lessor status of the instant lease agreement with Nonparty D and C, a co-owner of the real estate listed in the separate sheet, as to the real estate listed in the separate sheet, and acquired the ownership of the said real estate on or before December 19, 2014. (c) On February 9, 2015, the Plaintiff refused the Defendant’s request for renewal of the instant lease agreement. On June 9, 2015, the Plaintiff sent to the Defendant a mail proving that the said lease agreement should be terminated and the instant building should be handed over on the grounds of the special agreement under the instant lease agreement. [In the absence of any dispute on recognition, evidence No. 1-2, and evidence No. 1-2, 2, and 5, respectively, the purport of the entire pleadings and arguments.

2. Determination as to the cause of action

A. According to the facts established above, the instant lease contract was terminated on June 10, 2015, and thus, the Defendant, barring any special circumstance, has the duty to deliver the instant building to the Plaintiff, and to return unjust enrichment equivalent to the rent calculated by the Defendant from June 11, 2015, which is the day following the expiration date of the said period, to the time of delivering the instant building, to the time of delivering it.

B. Furthermore, the Plaintiff asserts that the Defendant has occupied and used the remainder of the real estate listed in the attached list except the building of this case without title, and the delivery of that part is also possible.

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