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(영문) 서울서부지방법원 2018.03.21 2017가단238083
건물명도(인도)
Text

1. The defendant points out 1, 2, 3, 4 and 1 among the second floor of the building listed in the attached list to the plaintiff.

Reasons

1. Determination as to the cause of claim

A. On March 5, 2014, C entered into a lease agreement (hereinafter referred to as “the lease agreement of this case”) with the Defendant on the following terms: (a) the attached drawings indication 1, 2, 3, 44, and 35.49 square meters inboard part (hereinafter referred to as “201”) connected each point of 1, 200, 350,000 won in the attached table (hereinafter referred to as “instant building”) among the two floors of the building owned by C; (b) the lease agreement was concluded between C and the Defendant on the condition that the aforementioned deposit 10,000,000,000 won in the attached table (hereinafter referred to as “the instant building”) was leased to the Defendant; and (c) the Plaintiff inherited the instant building 201, 201, 350,000 won in the instant building (hereinafter referred to as “the instant building”). Accordingly, C received from the Defendant; and (c) the Plaintiff inherited the instant building to the Defendant.

3) However, by November 19, 2017, the Defendant did not delay the amount of KRW 28 months to KRW 98,00,000 among the rent stipulated in the instant lease agreement, and the Plaintiff did not pay the rent thereafter. 4) Accordingly, the Plaintiff received the instant complaint to this court on November 30, 2017, which included the content that the instant lease agreement is terminated, and the instant complaint was served on the Defendant on December 12, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including virtual number), the purport of the whole pleadings

B. According to the above facts of recognition, the Plaintiff comprehensively succeeded to the status of C, a lessor of the instant lease agreement, and the instant lease agreement was terminated on December 12, 2017 upon the Plaintiff’s declaration of termination due to the Defendant’s delinquency in rent.

Therefore, the defendant is obliged to deliver 201 building of this case to the plaintiff.

Meanwhile, the Defendant continued to possess and use the instant building 201 after the termination of the instant lease agreement, thereby gaining unjust enrichment equivalent to the rent. However, KRW 10,000,000 under the instant lease agreement, as well as KRW 9,80,000 in arrears until November 19, 2017, and thereafter rents and rents.

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