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(영문) 인천지방법원부천지원 2017.09.21 2017가단8618
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

(b) from November 3, 2016, entry in the separate sheet.

Reasons

1. The following facts may be acknowledged either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4:

On January 27, 2014, the Defendant entered into a lease contract with respect to the building listed in the attached list owned by C and C (hereinafter “instant building”) at KRW 5 million, KRW 500,000,000 per month, and KRW 24 months for lease term (hereinafter “instant lease contract”), and leased the instant building from C.

B. On November 10, 2014, the Plaintiff purchased the instant building from C and succeeded to the lessor’s status under the instant lease agreement.

C. As the Defendant was in arrears for more than three months, the Plaintiff terminated the instant lease agreement on June 22, 2017, and when calculating that the Defendant was a vehicle paid up to the present date, the Plaintiff did not pay rent from November 3, 2016.

2. According to the above facts, the Defendant is obligated to deliver the instant building to the Plaintiff and pay unjust enrichment calculated at the rate of KRW 500,000 per month, which is equivalent to the rent from November 3, 2016 to the completion date of delivery of the instant building.

3. Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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