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(영문) 인천지방법원부천지원 2019.07.03 2019가단2522
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the fourth floor of the building indicated in the annex building 232.66 square meters;

B. December 7, 2018

Reasons

Around December 29, 2016, Nonparty D: (a) leased KRW 116.33 square meters among the buildings indicated in the order to share 1/2 with the Plaintiff and the Defendant around December 29, 2016; (b) during the period from December 30, 2016 to December 30, 2018; (c) the Defendant commenced possession of the remainder of 116.33 square meters among the above buildings (which appears by agreement with D) around December 7, 2018; (d) the Plaintiff completed the registration of ownership transfer of D’s 1/2 shares among the above buildings on December 30, 2018; and (e) the Defendant failed to pay the rent from May 30, 2017 to the Plaintiff; and (e) the Plaintiff’s declaration of intention to terminate the lease agreement was not disputed between the parties; and (e) the Plaintiff’s declaration of intention to terminate the lease agreement was clearly recorded on May 31, 2015.

Therefore, the Defendant is obligated to deliver the said 4th floor to the Plaintiff, and to return the rent or unjust enrichment equivalent to the rent of KRW 3,000,000 per month from December 7, 2018 to the completion date of delivery of the said building.

In regard to this, the Defendant alleged that the Defendant lent KRW 200 million to D around November 8, 2016, and that it agreed with D to offset the above loan obligations and the rent payment obligations. However, there is no evidence to acknowledge this.

If so, the plaintiff's claim shall be accepted for the reasons of the judgment as per Disposition.

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