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(영문) 전주지방법원 2017.12.15 2017가단4692
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet No. 1, and from November 1, 2017, the above building.

Reasons

1. Basic facts

A. A. Around June 23, 2015, the owner D of the building listed in the attached Table 1 list (hereinafter “instant building”); D, around June 23, 2015, the Defendant B and the instant building entered into a lease agreement by setting the deposit amount of KRW 30 million, monthly rent of KRW 2.5 million, and July 30, 2020, respectively.

(hereinafter “instant lease agreement”). B.

As to the instant real estate, the Plaintiff completed the registration of ownership transfer due to sale on October 13, 2016, No. 11083, which was received on October 13, 2016, and succeeded to the lessor’s status under the instant lease agreement.

C. Defendant B did not pay the monthly rent of KRW 2.5 million from November 1, 2016.

On the other hand, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) occupies the part (A) of 382.3 square meters in the ship connecting the instant building in sequence of the size Nos. 5, 6, 7, 8, 9, 10, 11, 15, 14, 13, and 5 of the annexed drawings No. 2 among the instant building (hereinafter “Defendant Co., Ltd”).

[Reasons for Recognition] The entry of Gap's evidence 1 to 6 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the fact that the termination of the instant lease agreement was recognized, the instant lease agreement was lawfully terminated on March 7, 2017, including the Plaintiff’s declaration of intention to the effect that “a lease is terminated on the grounds of delinquency in rent by Defendant B” was delivered to Defendant B.

B. Defendant B’s duty to return the leased object and the duty to return unjust enrichment, upon termination of the lease agreement, are obligated to deliver the instant building to the Plaintiff.

In addition, Defendant B is obligated to return to the Plaintiff unjust enrichment calculated by the rate of KRW 2,50,000 per month from November 1, 2017 to October 31, 2017, calculated from November 1, 2016 to October 31, 2017, the lease deposit amount of KRW 30,000,000, which was fully deducted from the lease deposit amount of KRW 12 months.

(c) the defendant company;

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