(영문) 인천지방법원 부천지원 2017.01.12 2016가단114028

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(영문) 인천지방법원 부천지원 2017.01.12 2016가단114028

건물명도

Text

1. The defendant shall be the plaintiff.

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

(b)25,166,898 Won and as regards this;

Reasons

1. Facts of recognition;

A. On February 6, 2014, the Defendant entered into a lease agreement with B (hereinafter “B”) on each of the real estate listed in the separate sheet owned by B (hereinafter “each of the instant real estate”) as the lease deposit amount of KRW 140 million from March 19, 2014 to March 19, 2016, and the lease fee of KRW 7,700,000 (including value-added tax) (hereinafter “instant lease agreement”), and leased each of the instant real estate.

B. On September 15, 2015, B notified the Defendant of the termination of the instant lease agreement, following the Defendant’s delinquency in paying two or more fees.

C. On December 8, 2015, the KPP Co., Ltd. purchased each of the instant real estate from B, and acquired the ownership thereof, and trusted the ownership of each of the instant real estate to the Plaintiff on the same day.

The defendant did not pay the rent from January 1, 2016, and did not pay 25,166,898 won in total of the management expenses from February 1, 2016 to August 2016.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendant lost the right to possess and use each of the instant real estate as the instant lease contract was terminated as the Defendant’s delayed payment on September 15, 2015.

Therefore, the defendant shall deliver the real estate of this case to the plaintiff, and shall pay damages for delay calculated at the rate of 15% per annum from October 15, 2016 to the day following the day of delivery of a copy of complaint of this case claimed by the plaintiff, which is the day of complete payment, to the day of complete payment. The defendant shall be liable to pay unjust enrichment calculated at the rate of 7,700,000 won per annum from January 1, 2016 to the day of termination of the defendant's possession of each real estate of this case or the day of loss of the plaintiff's ownership.

B. As to this, the defendant is the defendant's situation.

참조조문

-소송촉진 등에 관한 특례법

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