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(영문) 인천지방법원 2020.04.08 2019나2582
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall enter the plaintiff's succeeding intervenor in the annexed list No. 1.

Reasons

1. Basic facts

A. On June 10, 2017, the Plaintiff leased the instant real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 1,000,000, monthly rent of KRW 300,000 (payment on the tenth day of each month), and the lease period of KRW 12 months from June 10, 2017 to June 9, 2018 (hereinafter “instant lease agreement”), and around that time, delivered the instant real estate to the Defendant.

Article 4 of the lease contract of this case states that the lessor may terminate the lease contract immediately when the annual rent of the lessee amounts to the amount of two rents.

B. The Defendant did not pay to the Plaintiff monthly rent after paying that the date for payment was the monthly rent on February 10, 2018.

On June 26, 2018, the Plaintiff sent to the Defendant a certificate indicating the termination of the instant lease agreement on the ground that the monthly rent is unpaid, but the Defendant did not receive such certificate.

On July 3, 2018, the Plaintiff filed the instant lawsuit with the Defendant seeking the delivery of the instant real estate and the payment of monthly rent in arrears. On August 20, 2018, the duplicate of the instant complaint was served on the Defendant on August 20, 2018.

C. On October 15, 2019, when the lawsuit was pending in the trial, the Plaintiff sold the instant real estate to the Intervenor succeeding to the Plaintiff, and transferred the lessor’s status and the claim for return of unjust enrichment equivalent to the rent or rent from February 2, 2018 to the Defendant. On November 1, 2019, the Plaintiff completed the registration of transfer of ownership with respect to the instant real estate in the name of the Plaintiff’s Intervenor succeeding to the Plaintiff.

On December 2, 2019, the Plaintiff’s succeeding intervenor submitted a written application for intervention in succession, and on March 25, 2020, the Plaintiff withdrawn from the instant lawsuit.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts seen earlier prior to the determination on the claim for the delivery of the instant real estate, the instant lease agreement is more than the Defendant’s two-year period.

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