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(영문) 울산지방법원 2016.10.07 2016가단54031
건물명도
Text

1. The Plaintiff:

A. Defendant A’s real estate listed in the separate sheet;

B. Defendant B and C are the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. From June 1, 2008, the Plaintiff concluded a contract with Defendant A to lease the instant building by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 700,000, and the lease term of February 29, 2016 (hereinafter “instant contract”) among the real estate listed in the attached list (hereinafter “instant building”) as follows: (a) from around February 1, 2014, the Plaintiff leased the third floor of the housing and neighborhood living facilities of the luxed lux roof; (b) around February 1, 2014, the Plaintiff and Defendant A agreed to lease the instant building by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 700,00,000, and the lease term of

B. Since May 2015, Defendant A was in arrears for more than five minutes from May 2015, the Plaintiff sent to Defendant A a certificate of content that the contract of this case was terminated on the ground of the rent delay on October 1, 2015, and around that time, the said certificate reached Defendant A.

C. Next, on December 2, 2015, the Plaintiff and Defendant A drafted an agreement to the effect that “The instant contract is terminated on February 29, 2016, which is the expiration date of the lease term. Defendant A shall restore the instant building to its original state and deliver it to the Plaintiff.”

On the other hand, Defendant A and C occupy the sub-lease part of this case by sub-leaseing to Defendant B and C, without permission, the second floor of 90.81 square meters and 3 parts of 75.50 square meters of the housing and neighborhood living facilities of the third floor of the septic tank and the lux roof of the lux roof among the instant real property (hereinafter “sub-lease part of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 10, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the instant contract was lawfully terminated by the Plaintiff’s declaration of termination on October 1, 2015, which was made on the ground of the delinquency in rent by Defendant A, and thus, the Defendant A, the lessee, delivered the instant building to the Plaintiff, and delivery of the instant building from June 1, 2016 to the Plaintiff, as sought by the Plaintiff with the overdue rent and unjust enrichment equivalent to the rent in arrears.

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