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(영문) 의정부지방법원고양지원 2014.07.03 2014가단2931
건물명도 등
Text

1. The Defendants collected the buildings listed in the attached list No. 2 from the Plaintiff and each of the attached list No. 1 and No. 3.

Reasons

1. Facts of recognition;

A. Around January 21, 2010, D, an owner of each real estate listed in attached Tables 1 and 3, was leased to Defendant B with a deposit of KRW 10,000,000, monthly rent of KRW 80,000 (value-added tax separate) and the lease period from January 23, 2010 to January 22, 2012.

(hereinafter “instant lease agreement”). B.

Defendant B installed on the land listed in the attached list No. 3, such as an assembly-type warehouse as described in the attached list No. 2.

C. Defendant C is running a construction section sales and lease business after completing business registration with the trade name of “E” after delivering each real estate listed in the separate sheet from Defendant B.

The plaintiff purchased each real estate listed in attached Tables 1 and 3 from D and completed the registration of ownership transfer in his/her name on January 31, 201.

E. While succeeding to the instant lease agreement, the Plaintiff provided the Defendant B a monthly reduction of KRW 700,000 (excluding value-added tax).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-6, fact-finding results with respect to the higher tax office of this court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was not paid KRW 70,00,00 per month after July 24, 2012 from Defendant B, and thus, the Plaintiff terminated the lease contract with Defendant B. The Plaintiff filed a claim against the Defendants for unjust enrichment equivalent to the delivery of each real estate listed in the separate sheet Nos. 1 and 3, collection of warehouse listed in the separate sheet Nos. 2, and collection of the above rent and rent.

B. The Defendants asserted that the Plaintiff cannot respond to the Plaintiff’s claim, since the Plaintiff agreed to KRW 700,00,000, excluding the amount equivalent to the value-added tax, which is the tea of the instant lease agreement, and paid KRW 25,200,00 exceeding that of December 31, 2013.

3. Determination

A. As seen in the above facts, it is recognized that the Plaintiff agreed to the instant lease agreement with Defendant B at KRW 770,000 per month, but it is also recognized.

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