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(영문) 인천지방법원 부천지원 2018.06.27 2018가단482
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the separate sheet, each point of the separate sheet Nos. 1, 2, 7, 8, and 1 is followed in sequence.

Reasons

1. Basic facts

A. On July 12, 201, C, D, and E (hereinafter referred to as “C et al.”) entered into a lease agreement with the Defendant on July 12, 201, under which part 10 square meters of “A” in the attached Form No. 1, 2, 7, 8, and 1, among the real estate listed in the attached Form List, are 50 million won as security deposit, monthly rent of 880,000 won, and period of 24 months as security deposit, and the contract is to be terminated if the monthly tax is unpaid for three months (hereinafter “instant lease agreement”).

B. On October 13, 2016, the Plaintiff purchased 1/3 shares of each 1/3 of the entire buildings listed in the separate sheet, including the instant building, from C and two others, and completed the registration of transfer of each 1/3 share of each 1/3 share of the building listed in the separate sheet, as the receipt by the Incheon District Court, Seocheon-gu Kimpo-si Office, 201, October 31, 2016, respectively.

C. Meanwhile, from November 1, 2016, the Defendant did not pay the rent for the instant building as to the instant building. On December 4, 2017, the Plaintiff notified the termination of the lease contract due to the Defendant’s delayed delay, and the said notification reached the Defendant on December 5, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, each of the statements and the purport of the whole pleadings

2. Determination

A. According to the above facts, since the instant lease agreement was terminated upon the expiration of the term or due to the Plaintiff’s declaration of termination of the lease agreement due to the Defendant’s delayed delay, the Defendant is obligated to deliver the instant building part to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent or rent calculated at the rate of KRW 880,000 per month from November 1, 2016 to the date the delivery of the said building is completed.

B. The Defendant’s assertion and judgment on this issue are to pay KRW 30 million to the previous lessee at the premium, and to make an investment of KRW 42 million at the facility cost and to transfer the car center around October 2017 to the previous lessor, such as C, while operating the car center in the part of the instant building.

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