(영문) 의정부지방법원 2018.02.01 2017나207964

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(영문) 의정부지방법원 2018.02.01 2017나207964

건물명도(인도)

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1. The judgment of the court of first instance is modified as follows.

The defendant delivers to the plaintiff the building indicated in the attached list, and on January 2018.

Reasons

Basic Facts

The Plaintiff also stated in the attached sheet that is the land of the instant building, which is the site for the instant building, attached to the Plaintiff. However, in light of the purport of the Plaintiff’s argument, it is evident that the Plaintiff seeks delivery of the instant

(hereinafter “instant building”) is the owner of the instant building.

On February 16, 2016, the Plaintiff agreed to pay the instant building to C, a deposit of KRW 100 million, KRW 4.4 million per month, and the period from March 4, 2016 to March 3, 2018, with the payment of KRW 50 million out of the deposit, and to pay the said rent in addition to the deposit of KRW 550,000 per month (an amount calculated at the rate of 1.1% as to the balance of deposit of KRW 50 million), until the total amount of deposit is paid).

(hereinafter “instant lease agreement”). The Defendant is a director E- in-house director Co., Ltd., and is occupying and using the instant building as of the date of closing argument in the instant case.

The Plaintiff sought against C Co., Ltd. for the delivery of the instant building and the payment of the unpaid rent in excess of the deposit money and the unjust enrichment equivalent to the rent due to the termination of the instant lease contract (Seoul District Court Decision 2017Kadan76162). On August 16, 2017, the said court rendered a judgment that “A Co., Ltd. shall receive from the Plaintiff the remainder of money calculated by subtracting the amount calculated by the rate of KRW 482 million from the amount of KRW 48.2 million to the date the delivery of the instant building is completed, and at the same time deliver the said real estate to the Plaintiff,” and the said judgment became final and conclusive at that time.

(2) The court below held that the lawsuit of this case is not a tenant of the building of this case, and the defendant's lawsuit of this case is not a tenant of the building of this case. The plaintiff's lawsuit of this case is not a tenant of this case. The plaintiff's lawsuit of this case is not a tenant of this case.

However, this shall not apply.

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-광주지방법원 2015.07.23 2014가단529469

-인천지방법원 2017.05.25 2016가단40230