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(영문) 서울중앙지방법원 2019.05.14 2018가단5202623
건물인도
Text

1. The Plaintiff:

A. Defendant B shall deliver the real estate listed in the separate sheet 1, as from February 2, 2017.

Reasons

1. Facts of recognition;

A. The network D (hereinafter “the deceased”) entered into a lease agreement with the above Defendant to lease the real estate listed in the attached list 1 (E) owned by the Defendant B and the Deceased (hereinafter “E”) from February 2, 2017 to February 2, 2019, and the monthly rent is KRW 700,000,000, and the above Defendant occupies and uses the title E by delivering it to the above Defendant.

The above defendant did not pay rent more than two times.

B. The Deceased entered into a lease agreement with the Defendant C and the Deceased for the lease of the real estate listed in the attached list 2 of the deceased (hereinafter “F”) as indicated in the attached list 30 from November 30, 2016 to November 30, 2018, with the lease deposit of KRW 10 million and KRW 1 million in monthly rent, and the said Defendant occupies and uses the title by delivering it to the said Defendant.

The above defendant did not pay rent more than two times.

C. On March 11, 2018, the Deceased died, and on July 2, 2018, the Seoul Central District Court (Seoul Central District Court No. 123370, Jul. 2, 2018; and on March 11, 2018, the registration of ownership transfer in the name of the Plaintiff was completed.

On October 18, 2018, the complaint of this case, including the purport of cancelling the lease on the grounds of the overdue rent for more than two occasions, was served on the Defendants, respectively.

[Reasons for Recognition] Gap 1-6 Evidence (the marking of the provisional parcel number omitted), the purport of the whole pleadings

2. According to the facts established above, barring any special circumstance, each lease between the Plaintiff and the Defendants, who succeeded to the Deceased and owned Eho Lake and F and are in a lessor’s position, was terminated lawfully by the delivery of the instant complaint on the grounds of the Defendants’ delinquency in rent for at least two years.

Therefore, Defendant B is obligated to deliver to the Plaintiff subparagraph E in possession, and pay the amount of money calculated by KRW 700,000 per month as the return of unjust enrichment equivalent to the rent from February 2, 2017 to the completion date of the above delivery.

In addition, Defendant C is the Plaintiff.

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