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(영문) 수원지방법원 안산지원 2018.11.14 2018가단9562

건물인도 등

Text

1. The defendant points out 1, among the 1st floor of the building listed in the attached list, each of the annexed drawings 1, 2, 3, 4, and 1.

Reasons

1. Determination as to the cause of claim

A. On October 8, 2016, C entered into a lease agreement with the Defendant, setting the deposit amount of KRW 300,000,000 per deposit, KRW 250,000 per month for a house with approximately 30,000 square meters on the part of 102 square meters in the ship connecting each point of Section 1, 2, 3, 4, 1, and 30,000 square meters inside the ship (hereinafter “instant house”) among the 1st floor of the building listed in the attached list owned by the Defendant and himself, and around that time, delivered the instant house to the Defendant.

On April 19, 2018, the Plaintiff and D succeeded to the lessor’s status under the instant lease agreement by taking over the buildings listed in the attached list from C.

On April 19, 2018, the Plaintiff: (a) transferred the rent claim of KRW 500,000 ( KRW 2.50,000,000 ( KRW 10,000,000 from February 10, 2018 to March 9, 2018) to the Defendant’s late payment from C; (b) on April 30, 2018, the Plaintiff issued a written confirmation of the transfer of rent claim to the Defendant on April 30, 2018.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2, Eul evidence 3, Eul evidence 1, the purport of whole pleadings

B. Determination 1) The instant lease agreement is deemed to have expired on October 9, 2018, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant house to the Plaintiff, barring any special circumstance. 2) The Plaintiff seeks payment of the rent or unjust enrichment equivalent to the rent or rent, calculated at the rate of KRW 50,000,00 for each month, out of the rent of KRW 250,000 (=250,000 x 1/2) from May 10, 2018 to the completion date of delivery of the instant house (from April 10, 2018).

(1) The transfer of a nominative claim shall be made in the name of the obligor or a third party, unless the transferor notifies the obligor or does not consent to the obligor (Article 450(1) of the Civil Act) and the transferee.