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(영문) 인천지방법원부천지원 2015.07.17 2014가단51086
점포명도
Text

1. The defendant shall be the plaintiff.

(a) deliver 331.50 square meters of the second floor of the building listed in paragraph 1 of the attached Table;

B. From September 26, 2014

Reasons

1. Facts of recognition;

A. The Plaintiff, the Plaintiff’s mother C, and D are 1/3 equity right holders of each building indicated in paragraph (1) of the attached Table, and C is the owner of the instant building, which is an unregistered and unauthorized household building, located adjacent to the building listed in paragraph (1) of the attached Table.

B. On November 10, 2008, the Plaintiff, C, and D entered into a lease agreement with the Defendant on a deposit of KRW 70,000,000 for the instant store and building, KRW 2,90,000 for the tea month (payment date 25,000 for each month), and the lease period from November 10, 2008 to November 25, 2010 for the lease period.

C. Since then, the plaintiff, C, and D have agreed to reduce the amount of KRW 2,400,000 per month to that of the defendant.

The lease contract under subsection (b) is implicitly renewed on December 31, 2013.

In the renewal of the lease agreement, the lease agreement was concluded by reducing the amount of KRW 2,00,000 per month to KRW 2,000.

(hereinafter referred to as the above, a renewed contract after reducing the final rent is called “instant lease”). D.

C was paid rent from the Defendant as a result of the actual management of the instant lease agreement. On May 9, 2014, C prepared and issued a receipt to the Defendant that completed the settlement of rent by April 30, 2014.

E. After the Defendant settled the difference as above, the Defendant paid C the amount equivalent to the rent to September 25, 2014 in cash over several times, but did not pay the difference thereafter under the instant lease agreement.

F. On December 18, 2014, the Plaintiff filed the instant lawsuit claiming the Defendant to deliver the instant store and building on the grounds of the Defendant’s delinquency in rent. On December 24, 2014, the Plaintiff, which contained the Defendant’s intent as above, reached the Defendant on December 24, 2014.

G. On April 2015, C and D transferred to the Plaintiff the claim for return of unjust enrichment equivalent to the rent that the Plaintiff had with respect to the possessor as a right holder of a rent and a right holder based on the instant lease agreement, and notified the assignment of claims on June 4, 2015.

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