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(영문) 수원지방법원안양지원 2015.01.08 2014가합3844
부동산인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From August 1, 2014, 29,900,000 won and the above.

Reasons

Facts of recognition

Plaintiff

The Plaintiff and C co-ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”) in the attached sheet Nos. 1/21/2 of the building listed in the separate sheet No. 2 of the attached sheet No. 3,348/5,058 and 1,710/5,058, as follows.

On September 16, 2013, the Plaintiff leased the instant real estate to the Defendant from October 1, 2013 to September 30, 2016, the deposit amount of KRW 100,000,000, monthly rent of KRW 7,700,000 (including value-added tax) for the period of lease from October 1, 2013 to September 30, 2016.

(hereinafter “instant lease agreement.” The Plaintiff was delegated by C with all the authority regarding the lease of the instant real estate, and was also transferred the right to receive the rent and the unjust enrichment equivalent to the rent from the lessee. At the time of the conclusion of the instant lease agreement, the Plaintiff notified the Defendant of such fact.

After the conclusion of the instant lease agreement, the Defendant paid only KRW 39,400,000,000 to the Plaintiff as a rent from June 9, 2014.

【Confession based on Recognition” (Article 150(3) of the Civil Procedure Act) The fact that the instant lease contract was terminated on the grounds of the Defendant’s delinquency in rent for at least two occasions, and that the duplicate of the instant complaint seeking unjust enrichment equivalent to the rent from the date of delivery, unpaid rent, and delivery of the instant real estate reached the Defendant on August 8, 2014 is apparent in the record. According to the above facts established, the instant lease contract was lawfully terminated on the grounds of the Defendant’s delinquency in rent on August 8, 2014.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and as sought by the Plaintiff, KRW 29,900,00 (=the Plaintiff’s rent from November 1, 2013 to July 31, 201) due to the unpaid rent of KRW 69,30,00 in total (i.e., KRW 7,700,000 x nine months) and KRW 39,40,000 paid by the Defendant from August 1, 2014 to the completion date of delivery of the instant real estate) and KRW 7,70,00 in total.

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