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(영문) 인천지방법원 2018.09.07 2018가단3563
건물명도
Text

1. The Plaintiff:

A. Defendant B from January 16, 2017 to January 16, 2017, at KRW 20,000,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 25, 2015, the Plaintiff, on April 25, 2015, leased real estate listed in the separate sheet (hereinafter “the instant real estate”) to Defendant B as the lease deposit amount of KRW 20 million, monthly rent of KRW 850,000 (the subsequent payment on April 15).

B. Defendant B, after renting the instant real estate, has been residing with Defendant C until now.

In addition, only rent was paid until January 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 and 3

2. According to the facts found above, the lease contract between the Plaintiff and the Defendant regarding the instant real estate was terminated due to Defendant B’s delinquency in rent.

Therefore, Defendant B is obligated to deliver the instant real estate to the Plaintiff, and to return unjust enrichment equivalent to the rent or rent, calculated at the rate of KRW 850,000 per month from January 16, 2017 to the completion date of delivery of the instant real estate.

(Plaintiff is seeking rent or unjust enrichment from January 15, 2017. However, the rent under the lease contract was paid as the 15th day of each month, and Defendant B paid as the rent up to January 2017. As such, Defendant C is obliged to pay rent or unjust enrichment from January 16, 2017. Furthermore, Defendant C occupied the instant real estate without title, and thus, is obliged to withdraw from the instant real estate.

3. According to the conclusion, the plaintiff's claim against the defendant B is accepted within the extent of the above recognition, and the remaining claim is dismissed as it is without merit.

And the plaintiff's claim against the defendant C is accepted.

(However, the costs of the lawsuit shall be determined by the Defendants in consideration of the fact that the dismissal is extremely part)

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