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(영문) 의정부지방법원고양지원 2015.05.15 2015가단1911
건물명도 등
Text

1. The Defendants jointly and severally deliver the building indicated in the separate sheet to the Plaintiff, and deliver the said building from October 7, 2014.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to Defendant B’s evidence Nos. 1 through 5 (including household numbers), the Plaintiff entered into a lease agreement with Defendant C on June 26, 2009 with respect to the building listed in the separate sheet (hereinafter “instant building”) as to KRW 10 million, monthly rent of KRW 8 million, and the period from August 7, 2009 to August 6, 2011, and extended the above contract on February 20, 2012. After which, on August 7, 2013, the Plaintiff was aware that the instant lease agreement was concluded between Defendant C and Defendant B, who is his father, and that, on August 7, 2013, the agreement was concluded with Defendant C for the purpose of cancelling the lease agreement on the grounds that it was clearly stated that the lease agreement was terminated as at least KRW 10 million, monthly rent of KRW 8 million (700,000,000,000).

I would like to say.

2. Determination as to Defendant C

A. Claim indication: On the premise that the lease contract between the plaintiff and the defendant C regarding the instant building was terminated on the ground of the delinquency in rent for at least two years, the claim for extradition and the claim for unpaid rent for the instant building

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

3. Accordingly, the Defendants are jointly and severally liable to deliver the instant building to the Plaintiff and pay unjust enrichment equivalent to the rent or rent of KRW 800,000 per month from October 7, 2014 to the completion of delivery of the instant building. Therefore, the Plaintiff’s claim against the Defendants is with merit, and it is so decided as per Disposition with the assent of all.

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