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(영문) 수원지방법원 2017.03.03 2016가단550512
건물명도등
Text

1. The defendant shall indicate the plaintiff, (1) among the 84.96 square meters of the building on the 3rd floor listed in the attached Table list, (1), (2), (3), (4), and (1).

Reasons

1. Indication of claim;

A. On March 2, 2011, C entered into a lease agreement with the Defendant to lease the instant building with the Defendant as KRW 5 million from April 1, 2011 to April 1, 2013, on the following terms: (a) indicated in the attached list attached thereto, (b), (3), (4), (b), (c), (d) indicated parts of 403 and 33.28 square meters in a ship connected each point in sequence, (hereinafter “instant building”); (b) indicated a deposit amounting to KRW 5 million on the attached list attached thereto; and (c) delivered the instant building to the Defendant: (a) entered into a lease agreement with the Defendant to lease the instant building; and (d) delivered the instant building to the Defendant.

B. On January 9, 2015, the Plaintiff and D acquired ownership of 1/2 shares of each of the above buildings, and succeeded to the lease between C and the Defendant.

C. By October 30, 2016, the Defendant did not delay that it was nine (9) vehicles.

On September 8, 2016, the Plaintiff and D terminated the lease on the grounds of the delinquency in rent.

E. On January 10, 2017, the Plaintiff received the transfer of the rent and the claim for return of unjust enrichment against the Defendant from D, and the notice of assignment of claim by D was served on the Defendant on January 10, 2017.

F. Therefore, the Defendant shall deliver the instant building to the Plaintiff, and shall pay to the Plaintiff the amount of unjust enrichment equivalent to the rent or rent in proportion to KRW 518,00 per month from November 1, 2016 to the time of delivering the instant building.

2. Judgment made in the constructive confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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