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(영문) 광주지방법원목포지원 2016.06.15 2016가단934
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

B. 150,000 won and from April 1, 2016 to the annexed sheet.

Reasons

1. Facts of recognition;

A. On July 3, 2012, the Defendant received a successful bid of the instant building in the procedure for the auction of real estate rent C with the Gwangju District Court for the instant building, and completed the registration of ownership transfer on the same day. On June 3, 2015, the Plaintiff obtained the successful bid of the instant building in the procedure for the compulsory auction of real estate by the said court as to the instant building and completed the registration of ownership transfer on the same day

B. On June 22, 2015, the Defendant determined that the Plaintiff and the deposit KRW 3,00,000, the lease term from June 22, 2015 to June 21, 2017, the lease term of KRW 350,000 per month (payment on June 30), the lease term of KRW 350,00 per month (payment on June 30), and the lease term of the instant building shall be delivered at the time of unpaid rent for not less than three months, respectively.

(C) Around that time, the Plaintiff paid KRW 3,00,000 to the Plaintiff, and thereafter, the Plaintiff received the instant building from the Plaintiff and resides in the instant building until the date of closing argument. C. The Defendant did not pay the Plaintiff a car once after the conclusion of the instant lease agreement. [In the absence of any dispute over the grounds for recognition, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings]

2. Determination

A. According to the above facts as to the cause of claim, the Defendant did not pay the Plaintiff the rent under the instant lease agreement for at least three months, and violated the said special agreement. The fact that the legal brief dated April 22, 2016, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the ground thereof, was delivered to the Defendant on April 25, 2016 is apparent in the record, and the instant lease agreement was terminated by the delivery of the said legal brief.

In addition, the facts that the defendant resided in the building of this case until the date of closing argument of this case are as seen above. Thus, the defendant living in the building of this case without any legal ground and the amount of unjust enrichment due to the use of ordinary real estate equivalent to the rent stipulated in the lease agreement of this case.

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