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(영문) 서울동부지방법원 2015.03.27 2014가단132434
건물명도
Text

1. The defendant is against the plaintiff succeeding intervenor.

A. Of the second floor of the building indicated in the attached list, the indication of the attached sheet 1, 2, 3, 4, 1-1.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

(a) Indication of claims: To be as shown in attached Form 1; and

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. On June 13, 2013, the Plaintiff filed a claim against the Defendant for unjust enrichment equivalent to the delivery, rent, and rent of the building, alleging that the lease was terminated due to the delayed payment of more than two months, on the part of the Defendant, on June 13, 2013, the lease deposit amount of KRW 5 million, monthly rent of KRW 720,00,000,000, management fee of KRW 30,000,000, and from June 12, 2015. However, the Plaintiff’s status as a lessor is obvious in the record that the Plaintiff sold the building indicated in the attached list to the Intervenor succeeding to the Plaintiff and completed the registration of ownership transfer. Thus, the Plaintiff cannot file the claim of this case in the status of the lessor.

Therefore, the plaintiff's claim cannot be accepted.

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