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(영문) 의정부지방법원고양지원 2015.01.08 2014가단27800
건물명도 등
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. Defendant B shall pay to the Plaintiff KRW 3,900,000.

Reasons

1. Facts of recognition;

A. On April 8, 2014, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B by setting the deposit of KRW 10,000,000, monthly rent of KRW 1,300,000, and the lease term from April 18, 2014 to April 17, 2015.

B. Defendant B paid a security deposit on April 18, 2014 and delivered the instant real estate from the Plaintiff, but did not thereafter pay the Plaintiff a rent.

C. On or around the beginning of May 2014, Defendant B transferred the instant real estate to Defendant C in lieu of the repayment of the loan, and thereafter Defendant C occupied and used the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The fact that Defendant B did not pay the rent of the instant real estate is as seen above, and the fact that Defendant B delivered the instant complaint to Defendant B that the lease contract is terminated on the grounds of delinquency in rent by Defendant B is apparent in the record. As such, Defendant B and Defendant C, the lessee of the instant real estate, are obliged to deliver the instant real estate to the Plaintiff.

In addition, Defendant B is obligated to pay the Plaintiff the rent of KRW 3,900,000 and the amount of unjust enrichment equivalent to the rent of KRW 1,300,000 per month from July 19, 2014 to the completion date of delivery of the instant real estate under the lease agreement and the amount of rent of KRW 1,30,000 per month.

3. Conclusion, the plaintiff's claim of this case is accepted for all reasons.

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