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(영문) 대구지방법원경주지원 2016.01.19 2015가단2976

건물인도 등

Text

1. The Plaintiff:

A. The Defendants deliver the buildings listed in the separate sheet;

B. As from February 17, 2014, Defendant C is above.

Reasons

1. Indication of claim;

A. On March 18, 2011, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to Defendant B by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 300,000, and the lease term of KRW 12 months. At that time, the Plaintiff handed over the building to Defendant B.

B. During the renewal of the above lease agreement, as Defendant B did not pay the monthly rent until June 17, 2013, the Plaintiff demanded the Defendant B to deliver the said building after deducting the overdue rent from the lease deposit. However, Defendant C, who had been in the same business relationship with Defendant B, would pay the monthly rent for the said building. On July 17, 2013, the Plaintiff set the instant building as KRW 500,000 without the lease deposit and leased it to Defendant C with the monthly rent of KRW 500,000, and thereafter, delivered the said building to Defendant C.

C. From February 17, 2014, Defendant C is in arrears with monthly rent from February 17, 2014 to the present day.

The Plaintiff’s delivery of the duplicate of the instant complaint, which declared the termination of each of the above lease agreements on the grounds of the Defendants’ delinquency in the payment of rent, was terminated. Therefore, the Defendants are obligated to deliver the instant building to the Plaintiff, and Defendant C is obligated to pay to the Plaintiff unjust enrichment equivalent to the amount of rent calculated at the rate of KRW 500,000 per month from February 17, 2014 to the above delivery date.

2. Applicable provisions;

(a) Defendant B: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

(b) Defendant C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act)