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(영문) 인천지방법원부천지원 2015.04.10 2015가단1385

건물명도 등

Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On April 2, 2010, the Plaintiff entered into a lease agreement with the Defendant as to the instant building at KRW 20,00,000, monthly rent of KRW 2,000,000 (hereinafter “instant lease agreement”) and delivered the instant building to the Defendant. The Plaintiff transferred the instant building to the Defendant on the premise that the Plaintiff was entitled to transfer the right under the instant lease agreement from the Jungi Industrial Co., Ltd., and sought the payment of unpaid rent, taking account of the overall purport of the pleadings, the lessee of the instant building is not the Defendant, but the Plaintiff, based on the written evidence No. 1, and otherwise, the Defendant occupied the instant building.

There is no evidence to acknowledge that the plaintiff can seek directly from the defendant the unjust enrichment equivalent to the rent or the rent.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.