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Reasons
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(영문) 대전지방법원 2020.07.01 2019가단19761
건물명도 등
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1. The Defendant shall deliver the real estate listed in the separate sheet to the Plaintiff (Appointed Party) and the Appointed C, and from April 26, 2019.

Reasons

1. Facts of recognition;

A. On March 10, 2019, D and E entered into a lease agreement with the Defendant on the following terms: (a) the lease deposit amount of KRW 5 million; (b) the monthly rent of KRW 300,000 (payment in advance on March 26); and (c) the term of lease from March 12, 2019 to March 11, 2021:

hereinafter referred to as "the instant lease agreement"

B. The Plaintiff’s designated party (hereinafter “Plaintiff”) is only the Plaintiff’s designated party.

(C) On September 11, 2019, the Plaintiff and the Appointor C acquired the ownership of the entire building including the instant real estate and succeeded to the lessor’s status, respectively. The Defendant does not pay the rent from April 26, 2019. According to the instant lease agreement, the lessor may terminate the instant lease agreement at least three (3) years in arrears. The Plaintiff and the Appointor C submitted the instant complaint including the termination of the instant lease agreement on November 11, 2019. On December 6, 2019, the copy of the instant complaint was delivered to the Defendant on December 6, 2019. Meanwhile, the former lessor D and E, the lessor, on March 19, 202, entered the instant claim in arrears (from April 26, 2019 to September 29, 2019), and notified the Plaintiff and the Defendant of the purport of the assignment of the entire claim to the Defendant on March 26, 2019.

2. Determination as to the cause of action

A. According to the above facts of recognition, the instant lease agreement was lawfully terminated on December 6, 2019 on the grounds that the Defendant was in arrears with three or more vehicles, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff (Appointed Party) and the Appointed C.

On the other hand, since co-owners' claims for rent or return of unjust enrichment are divided claims, the defendant is calculated from April 26, 2019 to April 150,000 won per month from April 26, 2019 to the delivery date of the above real estate (=30,000 won x 1/2).

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