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(영문) 서울북부지방법원 2017.05.16 2016가단137194
건물명도
Text

1. The defendant shall be the plaintiff.

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

B. From April 1, 2017, KRW 33,00,000 and the above.

Reasons

1. Facts of recognition;

A. In around 1993, the Defendant entered into a lease agreement with C on real estate listed in the separate sheet (hereinafter “instant real estate”) and operated a factory, and completed business registration around 2001.

Around January 20, 2011, the Defendant entered into a lease contract with C and the instant real estate by setting the lease deposit of KRW 30,000,000, monthly rent of KRW 1,800,000, and the lease period from January 20, 201 to January 20, 2013.

(hereinafter “instant lease agreement”). B.

On February 27, 2015, the Plaintiff completed the registration of ownership transfer based on the sale due to voluntary auction on the same day.

C. However, the Defendant did not pay the rent from May 1, 2014, and where the Plaintiff did not pay the rent to the Defendant by June 13, 2016, the instant lease agreement is terminated in cases where the Plaintiff did not pay the rent to the Defendant by June 30, 2016.

“The notification was made.”

However, the defendant did not pay the overdue charge.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. According to the facts of the judgment on the cause of the claim, the Plaintiff succeeded to the lessor’s status under the instant lease agreement, and as such, the instant lease agreement was terminated on the ground of a rent delay, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay to the Plaintiff unjust enrichment equivalent to the rent of KRW 30,000,000 calculated by deducting KRW 30,000 from the lease deposit from the sum of overdue rent, etc. (from May 1, 2014 to March 31, 2017) and the amount of KRW 63,00,000,000, which is calculated at the rate of KRW 1,80,000 from April 1, 2017 to the completion date of delivery of the instant real estate.

3. The plaintiff's claim for conclusion is reasonable.

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