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(영문) 대전지방법원 2017.12.27 2017가단8163

건물명도 등

Text

1. Defendant B delivers to the Plaintiff the real estate listed in the separate sheet, and from March 26, 2017, the same shall apply to KRW 17.8 million.

Reasons

1. The following facts may be acknowledged in full view of the facts without any dispute over the cause of the claim, the entries in Gap evidence Nos. 1 and 2, and the purport of the entire pleadings.

Attached Form

On July 16, 2013, the Plaintiff, a co-owner of the real estate indicated in the list (hereinafter “instant real estate”) and D (each of the shares 1/2) concluded a lease agreement with Defendant B and the instant real estate, setting the lease term of KRW 20 million, KRW 1.8 million per month, KRW 1.8 million per month, and the lease term of the instant real estate from August 16, 2013 to August 16, 2015.

(hereinafter “instant lease agreement”). B.

D On July 5, 2016, the Plaintiff completed the registration of ownership transfer with respect to 1/2 of its shares in the instant real estate, and transferred the rent claim to the Plaintiff by July 5, 2016 under the instant lease agreement, and notified the Defendants thereof.

C. Defendant B paid only rent to the Plaintiff and D by June 25, 2015, and the instant complaint, including the Plaintiff’s declaration of intent to terminate the instant lease contract on the grounds of rent delay, was served on the Defendants.

Defendant B currently uses and benefits from the instant real estate.

According to the above facts, since the lease contract of this case was lawfully terminated on the ground of Defendant B’s rent delay by the delivery of the complaint of this case, Defendant B is obligated to deliver the real estate of this case to the Plaintiff.

In addition, the fact that Defendant B was in arrears from June 26, 2015 that Defendant B occupied and used the instant real estate until now, thereby making unjust enrichment on the amount of the rent.

Unless there exist special circumstances, Defendant B is obligated to return to the Plaintiff the rent of KRW 37.8 million (i.e., the rent of KRW 21 months from June 26, 2015 to March 25, 2017), and the rent of KRW 1.8 million from March 26, 2017 to the completion date of delivery of the instant real estate, calculated at the rate of KRW 1.8 million per month.

The plaintiff is also the defendant C.