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(영문) 인천지방법원 부천지원 2018.08.17 2018가단5593
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point is indicated in the separate sheet No. 2, 3, 4, 5, 6, 7, and 2.

Reasons

According to the purport of Gap evidence Nos. 1 and 3-1-1 and the whole pleadings, the defendant entered into a lease agreement with respect to the building of this case as to the non-party B and the building of this case, which were co-owners of the building No. 1 (hereinafter "the building of this case") on April 1, 2016, with the terms of the lease deposit of KRW 110,000,000, monthly rent of KRW 1,320,000, and the lease term of April 1, 2016 as 24 months from April 1, 2016 (hereinafter "the lease of this case"). The defendant is operating the building of this case on delivery, and the plaintiff purchased the building of this case from co-owners of the building of this case on October 13, 2016 and acquired the ownership thereof on October 31, 2017.

According to the above facts, since the lease of this case terminated on March 31, 2018, the lease of this case has expired, the defendant is obligated to deliver the building of this case to the plaintiff.

In addition, the facts that the Defendant used the instant building for the purpose of the lease are as seen earlier, and the amount of profit from the possession and use of ordinary real estate is equivalent to the rent of such real estate. As such, the Defendant is obligated to pay to the Plaintiff the rent and unjust enrichment calculated at the rate of KRW 1,320,000 per month from November 1, 2017 to the day the delivery of the instant building is completed.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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