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(영문) 인천지방법원 2017.04.05 2016가단42830
건물명도등
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

A. Of the buildings indicated in the attached list, the third floor of 385.06 square meters and 57.5 square meters of 4 stories are 3 floors.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is a 3-story 385.06 square meters and 57.5 square meters of 4 stories among the buildings listed in the attached Table list (hereinafter “instant building”).

(2) On November 20, 1996, the Defendants were the owners of the instant building, but they were married on May 27, 2015. (2) On April 11, 2013, the Plaintiff entered into a lease agreement with Defendant B to lease the instant building with a lease deposit of KRW 5 million, monthly rent of KRW 2 million, and nine months for the lease term (hereinafter “instant lease agreement”), and thereafter, delivered the instant building at that time.

3) From April 2013, Defendant C operated the Insignia center in possession and use of the instant building from around April 2013, and currently occupied and used the instant building (from April 11, 2013 to May 10, 2016, the name of the business operator of the Insignia center was Defendant B.

(4) Defendant B did not pay two or more cars from January 16, 2016.

Accordingly, around June 2016, the Plaintiff filed a lawsuit against Defendant B claiming the name map, etc. of the instant building, and withdrawn it. In other words, around September 2016, the Plaintiff filed the instant lease contract against the Defendants on the grounds of overdue rent, etc., and filed the instant lawsuit claiming the name map, etc. of the instant building.

[Evidence] Evidence Nos. 1 to 5, Nos. 1 to 3, and the purport of the whole pleadings

B. According to the facts of the above recognition, the instant lease contract was lawfully terminated on or around September 2016 on the grounds of the delinquency in rent for at least two years.

Therefore, Defendant B, as a lessee, is jointly and severally and severally liable to order the Plaintiff, the lessor and the owner of the instant building, and Defendant C is obligated to pay the amount of overdue rent or unjust enrichment equivalent to the rent in arrears calculated by the ratio of KRW 2 million per month from January 16, 2016, the date of delinquency in payment, to the date of completion of the name of the said building.

2. Determination as to Defendant B’s defense

A. The summary of the argument is as follows.

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