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Reasons
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(영문) 부산지방법원서부지원 2020.03.31 2018가단112695
건물명도(인도)
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1. The Defendant (Counterclaim Plaintiff) shall pay KRW 2,425,00 to the Plaintiff (Counterclaim Defendant) and the amount of KRW 2,425,00 from January 8, 202 to the date of full payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the owner of Sungwon-si Ctel (hereinafter “instant officetel”) No. D, and E is the person who operated the Office of “G Licensed Real Estate Agent” in the instant officetel F.

B. On June 30, 2017, E and H conspired with the Plaintiff at the office of “G Licensed Real Estate Agent” operated by E, and with respect to the instant officetel D, they falsely speaked as being delegated by the Plaintiff, a lessor, to enter into a lease contract with the lease deposit of KRW 70 million, the lease deposit amount of KRW 70 million, the lease period of KRW 70 million, and the lease period from June 30, 2017 to June 29, 2019 (hereinafter “the lease contract of this case”), and H took place with the Plaintiff’s conduct, and H took place with the Defendant as the deposit money (i.e., cash amount of KRW 35 million, KRW 15 million, KRW 15 million, KRW 25 million, KRW 1,500,000, KRW 1,500,000, KRW 1,500,000.

C. Meanwhile, around July 3, 2017, the Plaintiff received from E a lease contract (hereinafter “instant monthly lease contract”) that was concluded between July 3, 2017 and July 2, 2018 from the lessee, the Defendant, the monthly rent of KRW 5 million, the monthly rent of KRW 450,000,000,000,000 and KRW 450,000,000,000,000 from E.

On June 30, 2017, the Defendant resided in the instant officetel No. D upon delivery, and delivered it to the Plaintiff on December 19, 2019. The amount of unjust enrichment equivalent to the rent due to the possession and use of the instant officetel No. D is KRW 450,00 per month.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 17 (including a branch number), the result of the commission to deliver each document to the original district court of this court, the purport of the whole pleadings

2. Demand for principal lawsuit:

A. The Plaintiff is the owner of the instant officetel D, and the Defendant on June 2017.

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