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(영문) 서울중앙지방법원 2019.11.06 2017가단5008794 (1)

건물명도(인도)

Text

1. The defendant

(a) Category 1, 2, 3, 4, and 1, respectively, on the three-storys of the real estate listed in the separate sheet.

Reasons

On September 23, 2009, the Plaintiff and C entered into a lease agreement with C on the following terms: (a) the lease agreement was renewed until December 31, 2017; (b) the deposit specified in the said lease agreement was KRW 1,957,00; (c) the rent was due KRW 137,130,00; (d) C was unpaid and unpaid on December 31, 2016 and died on August 31, 2015; (b) C was unable to file the report with the Defendant on August 3, 2015; and (c) C was unable to file the said report with the Defendant on August 31, 2015; and (d) the Defendant’s intention to inherit the deceased on the grounds that each of the above lease agreement was inherited or inherited by the Defendant; and (c) the Plaintiff did not appear to have been aware that each of the instant reports was accepted by the Defendant on June 31, 2019.

According to the above facts, inasmuch as the above lease contract was terminated, the defendant is obligated to deliver the house of this case to the plaintiff and pay the plaintiff the overdue rent of 498,148 won (=1,494,446 won x less than 1/3 won) within the scope of the property inherited from the deceased, and the 45,710 won per month from January 1, 2017 to the completion of delivery of the house of this case (=137,130 won x 1/3) x 1/3).

(A) The Plaintiff filed a claim with the Defendant for the full amount of the deceased’s overdue rent and unjust enrichment equivalent to the difference in rent, but the Defendant’s inheritance shares are 1/3, and thus the claim as to the portion exceeding the share amount is not accepted). Thus, the Plaintiff’s claim of this case is partly accepted within the scope of