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(영문) 대전지방법원서산지원 2019.04.24 2018가단5333
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the building indicated in the annex building;

B. From May 1, 2018, the above-mentioned A

(b).

Reasons

Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 through 4, the Defendant entered into a lease agreement between the Plaintiff and the Defendant, around May 2014, and received delivery of the building indicated in the attached Form No. 1 (hereinafter “instant building”) with the lease deposit amount of KRW 24 million, monthly rent of KRW 1.5 million, the lease term of KRW 1.5 million from May 1, 2014 to April 30, 2020. The Plaintiff purchased the instant building from the foregoing Co., Ltd. on March 29, 2018 and succeeded to the said lease agreement after completing the registration of ownership transfer on April 2, 2018. Meanwhile, the Plaintiff was not paid a rent from the Defendant on April 2, 2018, and on this ground, notified the Defendant of the termination of the said lease agreement through the delivery of the complaint to the Defendant on the ground that the said complaint reached the Defendant on December 12, 2019.

According to the above facts, since the above lease contract was lawfully terminated on January 2, 2019 by the delivery of the complaint of this case, the defendant is obligated to deliver the building of this case to the plaintiff and pay rent or unjust enrichment at the rate of KRW 1.5 million per month from May 1, 2018 to the completion of delivery of the above real estate.

If so, the plaintiff's claim is reasonable and acceptable.

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