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(영문) 대전지방법원 2015.09.23 2015가합1615
건물명도 등
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The Plaintiff:

A. Defendant B shall on January 1, 2015.

Reasons

Facts of recognition

On March 7, 2013, the Plaintiff entered into a lease agreement with Defendant B and the attached list (hereinafter “instant real estate”) with regard to the lease deposit amounting to KRW 20 million, monthly renting KRW 2 million, and from March 7, 2013 to March 6, 2015 (hereinafter “instant lease agreement”), and handed over the instant real estate to Defendant B.

Defendant B agreed not to sublease the instant real estate to another person when concluding the instant lease agreement.

Nevertheless, without the Plaintiff’s consent on the same day, Defendant B immediately lent the instant real estate to Defendant C with the lease deposit of KRW 20 million and KRW 2 million per month of rent.

The Defendants did not pay the tea from September 2014.

The Plaintiff expressed in the instant complaint the intent to terminate the instant lease agreement on the grounds of Defendant B’s unauthorized transfer of leased land and the delay of rent, and the duplicate of the instant complaint reached Defendant B on May 14, 2015.

Defendant C has been occupying and using the instant real estate until now.

[Ground of recognition] The instant lease agreement between Defendant B and Defendant B was lawfully terminated on May 14, 2015, when the Plaintiff’s declaration of termination reached the Defendant B on May 14, 2015.

Defendant B is obligated to deliver the instant real estate to the Plaintiff, and ② as a result of the final payment date of rent, Defendant B is obligated to return unjust enrichment equivalent to the rents and rents unpaid at KRW 2 million per month from January 1, 2015 to the date of the completion of delivery of the instant real estate, as sought by the Plaintiff.

Defendant C, as an illegal occupant, has the duty to deliver the instant real estate to the Plaintiff as the owner.

In addition, Defendant C shall raise an objection from the day following the termination date of the instant lease agreement until the completion date of delivery of the instant real estate.

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