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(영문) 창원지방법원 진주지원 2018.06.21 2017가단36877
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From December 4, 2017, the above real estate.

Reasons

1. Determination as to the cause of claim

A. 1) On May 23, 2016, the Plaintiff is a real estate indicated in the Defendant and the attached Form (hereinafter “instant real estate”).

A) A lease agreement is concluded with the term of KRW 30 million, KRW 33 million per month (payment on January 1), the term of lease from June 1, 2016 to May 31, 2021 (hereinafter “instant lease agreement”).

(2) On September 15, 2017, the Plaintiff notified the Defendant that the instant lease contract will be terminated if the Plaintiff did not pay the rent by September 20, 2017, in the event that the Defendant did not pay the rent by March 20, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

B. According to the facts acknowledged earlier, as the instant lease contract was terminated on or around September 21, 2017, the Defendant, barring special circumstances, transferred the instant real estate to the Plaintiff, barring any special circumstance, and on December 4, 2017 (from March 1, 2017 to December 3, 2017, the rent of KRW 30,019,354 from March 1, 2017 to the rent of KRW 330,00,000 per month) to the delivery date of the instant real estate, the Defendant is obligated to return unjust enrichment equivalent to the rent of KRW 33,300,00 per month from the Plaintiff. 2), and the Defendant leased the instant real estate from the Plaintiff with the Plaintiff’s consent, and the Defendant installed a drainage pipe, toilet, etc., to increase the value of the instant real estate, and thus, is obligated to reimburse the beneficial cost.

It is difficult to find evidence to see that the Defendant concluded a sublease contract with B on the instant real estate with the Plaintiff’s consent, and the Defendant’s above assertion is without merit without any need to further examine.

3. In addition, the defendant shall replace the floor, a day and door with respect to the real estate in this case, and shall execute waterproof construction works.

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