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(영문) 광주지방법원 순천지원 2018.10.10 2018가단3308
부동산인도 등
Text

1. Defendant B:

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

(b) for KRW 8,100,000 and this;

Reasons

1. Facts of recognition;

A. On August 21, 2012, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from E and completed the registration of ownership transfer on September 21, 2012.

After purchasing the instant real estate, the Plaintiff leased the instant real estate to Defendant B without setting a lease term of KRW 300,000 per month.

(hereinafter “instant lease agreement”). B.

Defendant B did not pay the rent after December 21, 2015, and the Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground of the overdue rent for at least three months of delay.

C. Defendant C and D are residing in the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence (including each number), the purport of the whole pleadings (Provided, That with respect to defendant C and D, the above defendants did not appear at the date of pleading even after they were summoned due to service by public notice, and did not clearly dispute the plaintiff's allegation because they did not submit a reply and other preparatory documents, and therefore they do not clearly dispute the plaintiff's allegation. Thus, they

2. Determination

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated on or around March 5, 2018, barring any special circumstance, Defendant B is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the amount calculated at the rate of KRW 300,000 per annum of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 21, 2018 to the date of full payment, and from March 20, 2018, the amount equivalent to the overdue rent or unjust enrichment equivalent to the overdue rent from December 21, 2015 to March 20, 2018 (30,000 x 27 months), Defendant C and D are obligated to withdraw from the instant real estate.

B. Determination of Defendant B’s assertion

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