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(영문) 수원지방법원 2017.07.05 2016가단805113

건물명도

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. Defendant D:

(a) 11,624,870 won;

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Defendant B and C are buildings listed in the separate sheet on October 29, 2010 (hereinafter “instant apartment buildings”).

(2) Around that time, the registration of ownership transfer with respect to the instant apartment was completed, and had been resided with Defendant D with respect to the instant apartment. (2) The registration of ownership transfer with respect to the instant apartment was completed on June 28, 2013, where the maximum debt amount was KRW 218,400,000, and where the debtor and the mortgagee were to be Hyundai Capital Capital Co., Ltd., and the registration of the establishment of a neighboring mortgage was initiated with respect to the instant apartment on September 23, 2014 at the request of the said Hyundai Capital Co., Ltd.

3) On September 14, 2015, the Plaintiff was awarded the instant apartment at the above auction procedure and completed the registration of ownership transfer on the same day. 4) On December 2015, the Plaintiff entered into a lease contract with Defendant D and the instant apartment without setting a lease term, which sets forth only monthly rent of KRW 1,200,000 without a lease deposit (hereinafter “instant lease contract”). From that time, the Defendants are also residing in the instant apartment.

5) However, from October 2016, Defendant D began to delay the rent. As of May 2017, Defendant D did not pay the aggregate of KRW 4,424,870 for the apartment management fee. 6) Defendant D’s declaration of intention to terminate the instant lease agreement on the ground of the failure to pay rent for more than two years, was served on Defendant D on January 13, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 5, purport of whole pleadings

B. According to the facts found above, the instant lease agreement was lawfully terminated on January 13, 2017 following the Plaintiff’s declaration of termination. Therefore, the Defendants are obligated to deliver the instant apartment to the Plaintiff, who is the owner of the instant apartment and the lessor, and Defendant D is obligated to deliver the instant apartment to the Plaintiff, and Defendant D is liable to the Plaintiff, and the Plaintiff was in arrears by May 2017, as well as unjust enrichment equivalent to the rent and rent in arrears by May 200.