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(영문) 인천지방법원 부천지원 2017.03.16 2016가단23825

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the second floor of 190.30 square meters among the real estate listed in the attached list;

B. From August 26, 2016

Reasons

1.The following facts shall not be disputed between the parties or may be admitted by each entry in Gap evidence 1 to 3:

C On April 22, 2015, a lease contract was concluded between the Defendant and C with respect to the 190.30 square meters of the second floor among the real estate listed in the attached Table owned by C (hereinafter “instant building”), and the Defendant leased the instant building to the Defendant on May 9, 2017, with respect to the lease deposit of KRW 10 million, monthly rent of KRW 90,000,000,000, and the lease period of KRW 90,000,000 (hereinafter “instant lease contract”).

B. On August 26, 2016, the Plaintiff succeeded to the lessor’s status of the instant lease agreement by purchasing the instant building from C and acquiring its ownership.

C. As the Defendant did not pay rent, KRW 10 million was deducted from the above overdue charge at the time when the Plaintiff purchased the instant building, and the Plaintiff terminated the instant lease agreement on the grounds of this.

2. According to the above facts, since the instant lease contract was terminated upon termination, the Defendant is obligated to deliver the instant building to the Plaintiff and return unjust enrichment calculated by the ratio of KRW 90,000 per month, which is equivalent to the rent from August 26, 2016 to the completion date of delivery of the instant building.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.