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(영문) 부산지방법원동부지원 2017.11.09 2017가단211063
건물명도(인도)
Text

1. The defendant

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

B. From April 8, 2015, the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entrusted real estate purchased on March 12, 2015 (hereinafter “instant real estate”) to the Plaintiff, and the Plaintiff completed the registration of ownership transfer due to the same day trust on April 8, 2015.

B. The Defendant: (a) leased the instant real estate as KRW 50 million from the former owner B; (b) up to April 15, 2013; and (c) leased KRW 2.3 million in monthly rent; and (b) operated restaurant in the name of “C”.

C. On April 8, 2015, the non-party company agreed with the former owner to succeed to the lease agreement with the Defendant, and requested the Defendant to terminate the lease agreement and reinstate due to the expiration of the lease term.

On May 13, 2015, the defendant responded to the non-party company's request for such a request by content-certified mail that it will deliver to the non-party company an adequate premium and time facility for the real estate of this case.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 4, purport of the whole pleadings

2. On April 8, 2015, the Plaintiff succeeded to a lease agreement with the Defendant by acquiring the ownership of the instant real estate on April 8, 2015, upon acquiring the ownership of the instant real estate, the lease agreement on the instant real estate was terminated on July 19, 2017, on which a copy of the complaint indicating the Defendant’s intent to terminate the lease agreement on the grounds of delay in rent, after acquiring the ownership of the instant real estate.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay monthly rent or unjust enrichment at the rate of KRW 2.3 million per month from April 8, 2015 to the delivery date of the instant real estate.

By June 30, 2015, the Defendant paid rent to B, the former owner.

Although the plaintiff alleged that he paid the electricity tax on behalf of the plaintiff, there is no evidence to recognize it.

b) the Commission;

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