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(영문) 창원지방법원 통영지원 2018.12.18 2018가단21981
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Facts of recognition;

A. On January 31, 2012, the Plaintiff, on January 7, 2014, the land category of which was changed as of January 7, 2014.

(hereinafter “instant land”) completed the registration of ownership transfer on February 3, 2014, and completed the registration of ownership transfer under the name of Plaintiff and Defendant’s mother D.

B. On the ground of the instant land, the buildings listed in the attached list (hereinafter “instant building”) were newly constructed, and the registration of ownership preservation was completed on January 8, 2014 in the name of D.

C. On December 1, 2017, the Plaintiff completed the registration of ownership transfer on the instant land and building.

After the construction of the instant building, D carried on pension business in the instant building, and the Defendant, who was the Plaintiff’s punishment, carried on pension business in the name of D in the instant building since wintering around 2016.

[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 5, 10 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings]

2. Summary of the plaintiff's assertion

A. On December 2, 2017, the Plaintiff entered into a lease agreement with the Defendant with the content that, until June 30, 2018, 1.3 million won should be paid as monthly rent until June 30, 2018.

However, the defendant paid only KRW 1.1 million out of the rent in December 2017, and did not pay the rent thereafter.

Since the Plaintiff terminated the above lease agreement on the grounds of the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant building to the Plaintiff and pay KRW 1.3 million per month from January 2, 2018 to the date of delivery of the said building as unjust enrichment equivalent to the rent or rent from January 2, 2018 to the date of delivery of the said building

(State) Any claim. (b)

Since the defendant occupies the building of this case without any title, the defendant is obligated to deliver the building to the plaintiff as the owner of the building of this case.

(Preliminary Grounds for Claim). 3. Judgment on the primary Grounds for Claim (The Claim for Delivery, Rent, etc. following Termination of Lease Agreements)

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