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(영문) 창원지방법원 2018.09.12 2017가단120250
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 19, 2014, the Defendant leased KRW 1,2,3,6,000, monthly rent of KRW 25,000 ( KRW 30,00,00 from December 1, 2016), monthly rent of KRW 1,00,00 to operate the “D cafeteria” at the instant store up to the present day, which is leased to five years (from December 1, 2014 to November 30, 2019) the part of 66 square meters (hereinafter “instant store”) which was located within the scope of 1,2,03,6, and 1,000,000 among the 1st floor of the building listed in the attached list among the 1st floor of the building listed in the attached list.

(hereinafter referred to as “instant lease contract”). B.

The plaintiff purchased a building listed in the attached list from C on April 4, 2017 in KRW 430,000,000 for the same year.

6.5. Completion of the registration of ownership transfer, and succession to C’s lessor status under the instant lease agreement.

【Reasons for Recognition】 Evidence Nos. 1 through 3, Evidence No. 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion (i) The Defendant: (a) constructed an illegal building on the 1st floor of a building listed in the attached list, which is linked with each point of 6,3,4,5, and 6 in sequence, and used it as a warehouse for storage, such as a cooling house and liquor, and violated the lease contract without permission by changing the structure of the leased object or using the site outside the leased object; (b) violated the relevant Building Act and the Food Sanitation Act; and (c) violated the lease contract by leaving the unreported signboard installed on the right-hand side of the building.

The instant lease agreement was lawfully terminated by the Plaintiff’s expression of intent to terminate the contract on December 26, 2017 following the Defendant’s breach of the contract. As such, the Defendant: (a) delivered the instant store; (b) paid unjust enrichment amounting to KRW 1,00,000 for monthly rent from September 1, 2018 to the completion date of the delivery of the instant store; and (c) removed facilities and articles on the ground of 19.5mm2 in the said area of Maritime Affairs and 19.5m2 around, and ancillaryly, delivered the said facilities; and (d) handed over the said area of 19.5m2 in the area of the said area of Maritime Affairs and 19.5m2; and (e)

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