beta
(영문) 창원지방법원 진주지원 2018.05.29 2018가단1533

건물명도 등

Text

1. The defendant is the plaintiff (appointed party) and the successor.

A. The B-building No. 104, 154.23 square meters per floor in Jinju-si shall be handed over, and B.

Reasons

1. Indication of claim;

A. The Plaintiff (Appointed Party) and the Appointor (hereinafter collectively referred to as the “Plaintiffs”) are the owners of B building No. 104, No. 154.23 square meters (hereinafter referred to as the “instant building”) in Jinju-si, and the Defendant is the lessee of the instant building.

B. On August 31, 2017, the Defendant entered into a lease agreement with the Plaintiffs on the instant building (hereinafter “instant lease agreement”) and occupied and used the instant building until now.

C. However, the Defendant did not pay the Plaintiffs a rent of KRW 30 million for six months until March 1, 2018, and the Plaintiff (Appointed Party) notified the Defendant of the termination of the lease agreement on February 20, 2018, and the instant lease agreement was terminated.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiffs, and to pay unjust enrichment of KRW 5 million from December 1, 2017 to the completion date of delivery of the instant building, as claimed by the Plaintiffs.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;