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(영문) 수원지방법원 2017.01.11 2016가단21809
건물명도등
Text

1. The defendant delivered the building listed in the attached list to the plaintiff, and (2) 3,00,000 won and the above from May 23, 2016.

Reasons

1. Evidence (A through A3);

2. Indication of claim; and

A. On December 2, 2014, C entered into a lease agreement with the Defendant to lease the instant building to the Defendant, setting a deposit of KRW 3 million, monthly rent of KRW 320,000,000, and the period from December 2, 2014 as 12 months.

B. On April 16, 2016, the Plaintiff purchased the instant building from C and completed the registration of ownership transfer with respect to the instant building on May 4, 2016, and succeeded to the lease with the Defendant.

C. The Defendant delayed the rent of at least three million won, and the Plaintiff terminated the lease on the ground of the overdue rent.

Therefore, the Defendant shall deliver the instant building to the Plaintiff, and return the rent of KRW 3 million from May 23, 2016 to the time when the instant building is transferred, as sought by the Plaintiff, the rent of KRW 3 million, or unjust enrichment equivalent to the rent of KRW 320,000,000, monthly, from May 23, 2016.

3. Judgment by public notice (Articles 208 (3) 3, and 194 through 196 of the Civil Procedure Act).

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