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(영문) 수원지방법원여주지원 2016.10.13 2015가단5103
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the buildings listed in the attached list, indication 4, 5, 8, 9, 9.

Reasons

1. On November 8, 2012, Nonparty C entered into a lease agreement with the Defendant on a deposit basis for KRW 1,00,00,000, monthly rent, and one year from November 8, 2012 (hereinafter “instant lease agreement”) with respect to the portion of KRW 104,00,000,000,000,000 in the attached list, which are linked in sequence to each of the items of KRW 4,5,8,9, and 33 square meters in the attached list among the buildings indicated in the attached list (hereinafter “instant real estate”). Nonparty C received KRW 1,00,000 from the Defendant and handed over the said real estate.

On July 29, 2013, the Plaintiff acquired ownership by gifting the instant real estate from Nonparty C.

The defendant delays the payment of rent from January 9, 2014.

On January 14, 2016, the copy of the complaint of this case, stating that the Plaintiff terminated the instant lease agreement on the grounds of two or more lease delays of the Defendant, reaches the Defendant.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence 1, Gap evidence 3-1, 2, Gap evidence 6, Gap evidence 7-1 and 7-2, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the principal claim, the instant lease agreement is deemed to have been lawfully terminated and terminated on January 14, 2016, based on the Plaintiff’s indication of termination intention on the grounds of at least two rent-free vehicles, barring special circumstances. Therefore, the Defendant is obligated to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 350,000,00,000, calculated from January 9, 2014 to September 9, 2016, the Defendant transferred the instant real estate to the Plaintiff upon the Defendant’s statement in the preparatory brief as of September 2016, when the Plaintiff moved to the land and the Plaintiff was at the end of use and profit-making in accordance with the purpose of the lease agreement on the instant real estate.

B. On the Defendant’s assertion and counterclaim claim, one of the Defendant, the delivery of the instant real estate from the business day to the inner wall of the house, etc.

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