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(영문) 서울북부지방법원 2019.12.13 2019가단13268
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From March 22, 2018, the real estate stated in the Attachment.

Reasons

1. The Plaintiff acquired the ownership of the real estate indicated in the separate sheet (hereinafter referred to as the “instant real estate”) that was previously owned by C on February 20, 2018 due to the transfer registration under the Plaintiff’s name on March 22, 2018 on the ground of sale and purchase on February 20, 2018. Meanwhile, the Defendant acquired the instant real estate from the owner C as of December 6, 2017, and succeeded to the lessor’s status while acquiring the instant real estate from the owner C as of December 6, 2017.

However, since the defendant did not pay the monthly rent after the plaintiff acquired the ownership of the real estate in this case and notified the plaintiff to pay it within a reasonable period of time, but returned to the defendant because his address is unknown, the above lease contract is terminated through service of the complaint in this case, and the defendant seeks the delivery of the real estate in this case and return of the amount of unjust enrichment equivalent

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

3. Part of dismissal cites only the amount equivalent to the monthly rent after the plaintiff succeeded to the status of the lessor, and the portion in excess of the cited amount is dismissed as there is no evidence of assertion as to the claimant.

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