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(영문) 서울북부지방법원 2015.12.16 2015가단10834
건물명도등
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the attached list, each point of the attached Form 1, 2, 3, and 4 is indicated in the drawings of the ground floor.

Reasons

1. Facts of recognition;

A. On October 7, 2012, the Plaintiff’s mother C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease KRW 100,000,000,000 for lease deposit, monthly rent of KRW 300,000 (the last day of each month after payment was made on July) on the ship connecting each point of 1,2,3, and 4, among the buildings listed in the attached list owned by the Defendant and his/her mother C, by setting the lease term by October 6, 2014 (hereinafter “instant lease agreement”).

B. On February 18, 2014, the Plaintiff inherited the instant house due to the death of the said C, and completed the registration of ownership transfer.

C. Meanwhile, the Defendant paid the rent up to January 2014, and thereafter did not pay the rent.

Therefore, on July 31, 2014, and September 4, 2014, the Plaintiff did not pay the instant lease agreement even if it appears to the purport to urge the Defendant to pay the overdue rent. As such, the Plaintiff terminated the instant lease agreement on the ground that the delivery of a duplicate of the complaint in this case by the Defendant’s second or more overdue rent delinquency.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the judgment on the cause of the claim, since the instant lease agreement was terminated due to the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant house to the Plaintiff who succeeded to the lessor’s status of the instant lease agreement and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent and rent calculated by the ratio of KRW 300,000 per month from February 28, 2014 to the completion date of delivery of the said house.

B. The judgment on the Defendant’s assertion was that the Defendant could not pay rent due to the death of the Plaintiff’s mother, and thereafter, the Defendant requested the Plaintiff, the owner of the instant housing, to re-preparation the lease contract, but did not pay rent because he did not comply therewith.

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