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(영문) 인천지방법원부천지원 2016.05.12 2015가단118573
건물명도
Text

1. The Plaintiff:

A. The Defendants are indicated in the attached Form No. 3, 4, 5, 6, 3 of the underground floor of the building indicated in the attached Table No. 763.58 square meters.

Reasons

1. Facts of recognition;

가. 원고는 2013. 1. 18. 소외 D과 사이에, D 소유의 별지 목록 기재 부동산 중 별지 도면 표시 3, 4, 5, 6, 3의 각 점을 순차로 연결한 서쪽방향 선내 ㈎부분 165㎡(이하 ‘이 사건 부동산’이라 한다)에 관하여 임대차보증금 8,000,000원, 차임 월 800,000원, 임대차기간 2013. 2. 28.부터 2015. 2. 27.까지로 정하여 임대차계약을 체결하였다.

After receiving the above real estate from D, the Plaintiff entered into a sub-lease contract with the Defendants under the same conditions as above (hereinafter “sub-lease contract of this case”) and delivered the said real estate to the Defendants on February 28, 2013.

B. The Defendants paid the tea to D from February 28, 2013 to September 27, 2013, but did not delay from September 28, 2013.

D On May 8, 2014, the Plaintiff sent to the Plaintiff a content-certified mail stating that the said lease contract is terminated on the grounds of the delinquency of rent for at least two years, and around that time, the content-certified mail sent to the Plaintiff.

C. Since then, D filed a claim against the Plaintiff for unjust enrichment equivalent to the name map, rent, and rent of a building with this Court 2014 grouped to 219000.

The above court rendered a judgment that “the Plaintiff shall deliver the instant real estate to D, and shall pay the amount calculated at the rate of KRW 800,000 per month from July 28, 2014 to the completion date of delivery of the said real estate.” The above judgment was finalized on October 9, 2014.

Since then, D applied for a compulsory auction procedure on the real estate owned by the plaintiff, the defendants paid the above D amounting to KRW 11,200,000 for the illegal gains of rent or rent party until September 27, 2015.

E. Meanwhile, the Plaintiff expressed against the Defendants the intent to terminate the instant sub-lease contract on the grounds of the delinquency of two or more rents through the instant complaint, and the copy of the said complaint was served to the Defendants around that time.

[Reasons for Recognition] A. Each entry (including a tentative number) in Gap evidence 1 to 8, and pleadings are without dispute.

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