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(영문) 제주지방법원 2017.11.27 2017가단8677
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in the attached list, the two stories are transferred, and the three stories are 133.42 square meters, and the three stories are 104.33 square meters.

Reasons

1. Indication of claim;

A. The real estate in the attached list is jointly owned by C, the spouse of the plaintiff and the non-party.

B. On April 30, 2017, the Plaintiff and the Defendant concluded a real estate lease agreement with regard to the 5,000,000, monthly rent of KRW 4,000,000, monthly rent of KRW 4,000,000, and period of lease from April 30, 2017 to April 30, 2018, with regard to the 133.42 square meters on the second floor and 104.33 square meters on the third floor (hereinafter “instant building”).

C. When concluding a real estate lease agreement, the Plaintiff and the Defendant agreed to enter into a special agreement clause, and if the Defendant engaged in illegal business in the instant building against laws, regulations, such as sexual traffic business, and social morality, the lease agreement was null and void and immediately deliver the instant building to the Plaintiff.

On May 2017, the Defendant controlled the police as a sexual traffic, and the Plaintiff, the owner of the instant building, was investigated by a police station in relation to the said sexual traffic.

This constitutes grounds for invalidation stipulated in the special clause of the above real estate lease agreement, and the real estate lease agreement between the plaintiff and the defendant is null and void.

E. Therefore, the Defendant is obligated to deliver to the Plaintiff the 2nd floor area of 133.42 square meters and 104.33 square meters among the real estate listed in the separate sheet, and to pay to the Plaintiff unjust enrichment equivalent to the rent of 4,000,000 won per month from September 11, 2017 to the completion date of delivery of each of the above real estate.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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