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(영문) 인천지방법원 2020.01.14 2019가단17705
건물명도등
Text

1. The Defendants are against the Plaintiff A.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. The following facts are acknowledged in full view of the Plaintiff A’s claims Nos. 1 through 4 and the purport of the entire pleadings.

① On July 11, 2018, Plaintiff A and Defendant C entered into a lease agreement with the term of lease on July 14, 2018 to July 14, 2018; the deposit amount of KRW 5 million; and the monthly rent of KRW 400,000 (payment on July 14, 2018).

② Defendant D transferred the instant real estate to Defendant C’s spouse on August 7, 2018.

③ Defendant C did not pay the monthly rent from January 14, 2019.

④ The instant complaint containing the Plaintiffs’ intent to terminate the lease agreement was served on June 27, 2019 on the Defendant C.

Therefore, the Defendants are jointly obligated to deliver the instant real estate to the Plaintiff A, and to pay unjust enrichment equivalent to the rent or rent of KRW 400,000 per month from January 14, 2019 to the completion date of delivery pursuant to Article 832 of the Civil Act.

Plaintiff

A's claim shall be accepted.

2. Plaintiff B’s claim is not a lessor under a lease agreement, and Plaintiff B’s claim is dismissed.

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