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(영문) 수원지방법원여주지원 2017.12.13 2017가단4357
건물명도 등
Text

1. The Plaintiff:

A. Defendant B delivers the real estate listed in the separate sheet, and from September 1, 2017, the said real estate.

Reasons

1. Facts of recognition;

A. On May 20, 2014, the Plaintiff entered into a contract with Defendant B on the lease deposit amounting to KRW 20 million, monthly rent of KRW 1200,000, and June 20, 2017 (hereinafter “instant lease contract”).

B. On June 30, 2016, Defendant B entered into a contract with Defendant C to sublease the instant building with a deposit of KRW 20 million, monthly rent of KRW 1.2 million, lease period from May 31, 2016 to May 30, 2018.

C. On April 28, 2017, on the ground that Defendant B sub-leased the instant building to Defendant C without the Plaintiff’s consent, the Plaintiff notified Defendant B of the expiration of the instant lease period to deliver the instant building to the Plaintiff.

However, even until the date of the closing of argument in this case, Defendant B did not deliver the instant building to the Plaintiff, and did not pay rent from September 1, 2017.

E. Defendant C operates a restaurant in the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, since the instant lease agreement has expired on June 20, 2017, Defendant B is obligated to deliver the instant building to the Plaintiff, and Defendant B is obligated to return unjust enrichment calculated by the ratio of KRW 1.2 million per month from September 1, 2017 to the delivery date of the instant building, since Defendant B occupies and uses the instant building even after the instant lease agreement has been terminated. Defendant C is obligated to withdraw the Plaintiff, the owner of the instant building, from the instant building.

3. As to Defendant B’s assertion, Defendant B obtained consent from the Plaintiff as to sub-lease of the instant building to Defendant C.

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