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(영문) 인천지방법원 2020.07.16 2019가단257695
건물명도(인도)
Text

1. The defendant (Counterclaim plaintiff)'s counterclaim of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff’s designated party.

Reasons

The judgment on the claim of this case (hereinafter referred to as the "Plaintiff") and the designated person (hereinafter referred to as the "Plaintiffs, including the plaintiff and the designated person, are co-owners of each real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case"). On March 8, 2019, the lease contract between the plaintiffs and the defendant was established between the plaintiff and the defendant during the period from March 18, 2019 to March 17, 2021 (hereinafter referred to as the "lease contract of this case"). The defendant, after renting the above real estate from the plaintiffs, established two containers listed in the separate sheet No. 1 (b) of this case (hereinafter referred to as "each of the instant containers"), and it is evident that the plaintiffs were not 10 million won or more, monthly rent (payment on March 18, 201), and the defendant's expression of intention to present the above real estate from April 19, 2019 to March 19, 2002).

Therefore, since the instant lease agreement was terminated on October 26, 2019 as the Defendant’s delinquency in rent terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and to remove each of the instant containers established by the Defendant due to restitution to its original state.

In addition, the defendant did not pay rent from April 19, 2019. Since the defendant continuously occupied and used the instant real estate for its original purpose even after the termination of the instant lease agreement, and suffered unjust enrichment equivalent to the monthly rent and incurred the same damages to the plaintiffs, the defendant is presumed to be the amount equivalent to the monthly rent of the instant real estate from April 19, 2019 to the completion date of delivery of the instant real estate and removal of each of the instant containers.

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