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(영문) 수원지방법원평택지원 2017.10.17 2017가단52380
건물명도(인도)
Text

1. The defendant shall receive KRW 18,000,000 from the plaintiff, and at the same time, shall be the real estate stated in the attached Table to the plaintiff.

Reasons

1. The parties' assertion

A. On July 10, 2008, the Plaintiff: (a) delegated a lease agreement with C on the condition that he/she would be paid monthly rent without a deposit for lease regarding approximately 23.12 square meters (hereinafter “the subject matter of this case”) indicated in the attached Form No. 403 among the real estate 4 floors indicated in the attached Table; (b) C entered into a lease agreement with the Defendant on the condition that he/she would be paid a deposit without monthly rent (hereinafter “mortgage lease agreement”); and (c) thereafter, the Plaintiff did not delegate his/her authority to C with respect to the lease agreement entered into on April 24, 2015.

Therefore, since the defendant occupies the subject matter of this case without legitimate authority, he/she is obligated to deliver the subject matter of this case to the plaintiff and pay the amount of money calculated at the rate of KRW 300,000 per month with unjust enrichment equivalent to the rent from November 15, 2016.

B. On July 10, 2008, the plaintiff asserted by the defendant entrusted C with the conclusion of a lease agreement and the receipt of the deposit for lease including the obligatory lease contract with respect to the subject matter of this case. Accordingly, on May 25, 2009, the defendant entered into a lease agreement with C with C with respect to the lease deposit amount of KRW 18,00,000 with respect to the subject matter of this case, and paid the deposit for lease to C. The plaintiff did not delegate the signing of the lease contract with respect to the subject matter of this case to C. Domestic affairs.

Even if there is a justifiable reason to believe that the plaintiff has the authority to conclude the claim lease contract with C.

Therefore, the defendant is obligated to deliver the object of this case at the same time with payment of KRW 18,00,000 from the plaintiff.

2. Determination

A. In full view of the purport of the entire pleadings as to the judgment on the validity of the lease agreement as of May 25, 2009 as stated in the evidence Nos. 2 through 6 (including additional numbers), the Defendant is between C and the Plaintiff, who was delegated with the authority to conclude the lease agreement as to the subject matter of this case by the Plaintiff on May 25, 2009.

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