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(영문) 서울중앙지방법원 2015.05.21 2014가단194545
건물명도등
Text

1. The Defendants are to the Plaintiff:

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

B. The defendant corporation.

Reasons

1. Facts of recognition;

가. 원고는 별지목록 기재 부동산(이하 ‘이 사건 아파트’)에 관하여 2013. 6. 28. 매매를 원인으로 한 소유권이전등기를 마친 소유자인데, 위와 같이 소유권을 취득하면서 위 아파트에 관하여 전 소유자인 C과 피고 주식회사 월드와이드네트웍(이하 ‘피고 회사’) 사이에 체결된 아래 임대차계약의 임대인 지위를 승계하였다.

The monthly rent of KRW 10,000,000,000 until December 12, 2013, Defendant C Company C, a special contract for the monthly rent of the lease deposit for the lease contract date of the lessor, shall be KRW 100,000,000,000 (one hundred and three days each month) in overdue rent of December 12, 2013.

B. However, even before the Plaintiff succeeded to the above lease contract, Defendant B was also residing in the apartment of this case as well as Defendant B.

(The legal relationship between the Defendant Company and the Defendant is unclear). Meanwhile, from December 13, 2013, the Plaintiff was not paid a monthly rent.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, and 6, the purport of the whole pleading

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case containing the plaintiff's declaration of intention to terminate the contract on the ground that the rent of this case was more than two years in arrears, and the above term of lease expired.

On the other hand, Defendant B occupies the apartment of this case without legitimate title from the beginning of the beginning of the year (the above Defendant asserted that the Plaintiff promised to enter into a new lease agreement with the above Defendant, but there is no evidence to support the assertion). Thus, the Defendants are obliged to deliver the apartment of this case to the Plaintiff.

B. According to the facts of the recognition of the first overdue loan or unjust enrichment equivalent to the rent, the Defendant Company is the lessee, and the Defendant B is the illegal occupant.

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