(영문) 수원지방법원안양지원 2019.11.27 2019가단110481

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(영문) 수원지방법원안양지원 2019.11.27 2019가단110481

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From July 25, 2019, the above real estate.

Reasons

1.The following facts do not conflict between the Parties:

C On July 8, 2015, the real estate stated in the order (hereinafter referred to as “instant real estate”) was leased to the Defendant by setting the deposit of KRW 50 million, KRW 2 million per month, KRW 2 million per month, and the lease period from July 25, 2015 to July 25, 2018.

(hereinafter “instant lease agreement”). (b)

The Plaintiff purchased the instant real estate from C on March 16, 2018, and completed the registration of ownership transfer on March 30, 2018.

C. From the beginning date of the lease term of this case to March 30, 2018, the Defendant did not delay the payment of three or more vehicles.

C On April 2, 2018, the Defendant notified the Defendant of the refusal to renew the instant lease agreement on the ground that the Defendant was in arrears with the said three or more vehicles.

E. On April 18, 2018, the Defendant demanded the Plaintiff to renew the instant lease agreement. On April 20, 2018, the Plaintiff rejected the renewal of the instant lease agreement on the ground that the Plaintiff was in arrears with the said three or more vehicles.

F. On April 2018, the Plaintiff notified the Defendant of the number of monthly rent as stipulated in the instant lease agreement, and the Defendant paid the amount equivalent to the monthly rent from that time to July 24, 2019 to that time.

G. On June 19, 2019, the Plaintiff filed the instant lawsuit with the Defendant seeking the return of unjust enrichment equivalent to the instant real estate from March 25, 2019 to the completion date of delivery of the instant real estate on the ground that the instant lease agreement had expired on July 25, 2018.

2. Determination:

A. According to the facts of the Plaintiff’s succession to the lessor’s status, the Plaintiff succeeded to the lessor’s status under the instant lease agreement from C on March 30, 2018.

B. C’s notification of refusal to renew a contract to the Defendant on April 2, 2018.

유사 판례

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