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(영문) 서울남부지방법원 2019.05.02 2019가단200557

건물명도(인도)

Text

1. The Plaintiff:

A. The Defendants jointly indicate the attached Form No. 1, 2, 3, 4. The attached Form No. 1, 2, 3, 4.

Reasons

Order No. 1-A to Defendant B on December 28, 2017

The term “instant store” as part of the building indicated in paragraph (1) (hereinafter referred to as the “instant store”) has been leased KRW 20,00,000 per deposit, KRW 1,716,00 per month, and the term from January 1, 2018 to December 31, 2018; the current fact that Defendant C is running a food service business in the name of “D” at the instant store; the fact that Defendant B was in arrears and notified Defendant B of the termination of the lease contract on November 1, 208; the fact that the rent in arrears by March 31, 2019 did not conflict between the Plaintiff and the Defendant; and the Plaintiff and Defendant C may be acknowledged by taking full account of the overall purport of oral arguments as indicated in subparagraphs 2 through 4, 6, and 7.

Since the above lease between the Plaintiff and the Defendant B was lawfully terminated by the Plaintiff’s notice of termination and the Defendant C occupied the above building without any title, the Defendants jointly have a duty to deliver the instant store to the Plaintiff, and the Defendant C has a duty to return unjust enrichment at the rate of KRW 1,716,00 per month from April 1, 2019 to April 1, 2019, and from April 1, 2019.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.