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(영문) 인천지방법원부천지원 2019.08.21 2019가단18237
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Indication 1, 2, 3, 4, 4, of the 2nd floor of the building indicated in the attached Table 2.64 square meters.

Reasons

Around December 30, 2013, Nonparty C leased the part on the ship indicated in the order to the Defendant as of February 28, 2016, with a deposit of KRW 5 million, monthly rent of KRW 250,000,000, and the period of February 28, 2016. Around August 2, 2016, the Plaintiff succeeded to the lessor’s status under the above lease agreement by acquiring the ownership of the above part on the ship; the fact that the Defendant delayed the rent of KRW 52,00 from September 2018; and the fact that the copy of the complaint of this case stating the Plaintiff’s declaration of termination of the lease agreement was delivered to the Defendant on or around June 9, 2019 is apparent in the record. According to the above recognition, the above lease was terminated on June 9, 2019 on the ground of the Defendant’s delay.

However, since the Plaintiff received rent of KRW 52,00 from April 30, 2019 to April 30, 2019 after the termination of the lease agreement, the Plaintiff is obligated to deliver the above part of the ship to the Plaintiff and return the unjust enrichment equivalent to the rent of KRW 250,000 per month from May 1, 2019 to the completion date of delivery of the above part of the ship.

Therefore, the plaintiff's claim is partially accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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