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(영문) 의정부지방법원고양지원 2015.10.22 2015가단1966
건물명도
Text

1. The Defendant shall deliver the building indicated in the attached list to the Plaintiff, and from March 23, 2014 to the delivery of the said building.

Reasons

1. On March 23, 2013, the Plaintiff: (a) leased a building listed in the separate sheet, owned by the Plaintiff, to the Defendant as KRW 10,00,00,000; (b) monthly rent of KRW 1,200,00; and (c) lease period from March 23, 2013 to March 22, 2015; (b) the Defendant used the building transferred from March 23, 2013; and (c) the Plaintiff was not paid monthly rent from March 23, 2014 by the Defendant, and thus, notified the Defendant of the termination of the lease agreement on October 14, 2014, may be recognized by comprehensively considering the overall purport of the pleadings as a whole.

Therefore, the above lease contract was lawfully terminated due to the plaintiff's notice of termination of the above lease contract. Thus, the defendant is obligated to deliver the above building to the plaintiff and pay the plaintiff the unjust enrichment equivalent to the monthly rent of KRW 1,200,000, calculated from March 23, 2014 to the delivery of the above building.

2. As to the Defendant’s defense, the Defendant, around November 2013, transferred the lessee status of the above lease agreement to C, and the Plaintiff approved it, and thus, the Plaintiff did not have any obligation to respond to the Plaintiff’s claim. However, the evidence submitted by the Defendant alone that the Defendant transferred the lessee status of the said lease agreement

It is insufficient to recognize that the Plaintiff approved it, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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