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(영문) 수원지방법원안양지원 2017.12.01 2017가단6793
건물인도
Text

1. The defendant shall be the plaintiff.

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

B. From August 1, 2017, the above real estate.

Reasons

1. Basic facts

A. The Defendant leased, from C, the real estate indicated in the separate sheet (hereinafter “instant real estate”) KRW 5 million in lease deposit and KRW 600,000 in monthly rent (hereinafter “instant lease”). The Plaintiff purchased the instant real estate from C and completed the registration of ownership transfer on November 15, 2016.

B. The Plaintiff succeeded to the status of the lessor of the instant lease agreement from C, and the Plaintiff’s mother D, who represented the Plaintiff, drafted a new lease agreement between the Defendant and the period of lease from November 15, 2016 to May 22, 2017.

C. From November 22, 2016, the Defendant did not pay the rent, and the Plaintiff served three times from May 8, 2017 to June 22, 2017 with a content-certified mail stating that the lease contract is terminated without paying the rent to the Defendant by June 15, 2017, and reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease contract was terminated as the termination notification of the Plaintiff due to the Defendant’s delinquency in payment and the expiration of the lease term, barring any special circumstance, the Defendant, as the lessee, is obligated to deliver the instant real estate to the Plaintiff, who is the lessor, as the restitution, and to pay the amount calculated by the rate of KRW 600,000 per month, as the unpaid rent and unjust enrichment from November 22, 2016 to the completion date of delivery

B. First of all, the Defendant’s assertion, etc. is the Plaintiff’s mother D. Thus, the Plaintiff, a title trustee, cannot request the delivery of the instant real estate. Thus, the Plaintiff’s assertion that the Plaintiff is the title trustee of the instant real estate, even if the Plaintiff is the title trustee of the instant real estate, is the lessor’s status of the instant lease agreement.

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