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(영문) 인천지방법원부천지원 2016.07.13 2016가단7854
건물명도등
Text

1. Defendant B:

(a) deliver the buildings listed in the separate sheet;

(b)payment of 3,200,000 won;

(c) on April 2016.

Reasons

1. Facts of recognition;

A. On June 12, 2013, the Plaintiff acquired ownership of the building listed in the separate sheet (hereinafter “instant apartment”) and succeeded to the status of Defendant B’s lease agreement with the former owner. Accordingly, the Plaintiff and Defendant B concluded a lease agreement with the former owner as of June 25, 2013 (hereinafter “instant lease agreement”) with the end of September 14, 2014, with a deposit of KRW 10 million, monthly rent of KRW 450,000 (the later payment on June 25, 2013), and the period of September 14, 2014 (hereinafter “instant lease agreement”).

B. Defendant C is residing in the apartment of this case under the understanding of Defendant B.

C. From September 27, 2015 to March 26, 2016, Defendant B delayed payment of KRW 2.7 million for six months, and KRW 5 million for the rent from March 27, 2015 to July 2015.

On March 2, 2016, the Plaintiff notified Defendant B of his intention to terminate the instant lease agreement on the grounds of delinquency in rent.

[Grounds for recognition] Gap 1-4 evidence, the purport of the whole argument

2. According to the above facts of determination, the instant lease contract was lawfully terminated until the date of the notice of termination (the date of service of the copy of the complaint in this case was terminated even if the notice of termination was not issued), and Defendant B is obligated to deliver the instant apartment to the Plaintiff, and to pay the amount calculated by the ratio of the overdue rent of KRW 3.2 million and the overdue rent of KRW 4.5 million from March 27, 2016 to the delivery date of the instant apartment from March 27, 2016 to the delivery date of the instant apartment as the rent or unjust enrichment equivalent to the rent of KRW 4.5 million, and Defendant C is obligated to leave the instant apartment.

3. Therefore, the plaintiff's claim against the defendants is accepted in its entirety and it is so decided as per Disposition.

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