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(영문) 수원지방법원 평택지원 2018.12.06 2018가단5640
건물명도 등
Text

1. The defendant against the plaintiff A,

(a) Category 1, 2, 3, 4, 5, 6, and 1. of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On April 8, 2018, Plaintiff A entered into a lease agreement with the Defendant on a set of one year from the date of delivery of the lease term, one million won, five million won, and seven hundred thousand won per month of the rent, for the instant building.

(hereinafter “instant lease agreement”). B.

Plaintiff

A, on July 10, 2018, sent a notice to the Defendant that “The instant building was delivered on April 7, 2018, but it was unpaid for three months until July 2018, and thus terminated the instant lease agreement.” Accordingly, the Defendant suspended the payment of rent until normal operation until July 19, 2018 due to the Plaintiff’s failure to work properly, such as a toilet, washing machine, etc.

“The answer to the notification was sent.”

C. Meanwhile, the Plaintiffs share 1/2 of the real estate listed in the attached list, including the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the facts of the Plaintiff’s claim recognition, the instant lease agreement was lawfully terminated on or around July 2018, upon which the Plaintiff notified the Defendant of the termination on the ground of overdue delay, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff and return the amount of unjust enrichment equivalent to the rent or rent after April 8, 2018.

The defendant asserts that the building of this case, which is the object of lease, did not pay rent due to defective speculation, but it is not sufficient to acknowledge this only with the statement of No. 1, and there is no other evidence to acknowledge it.

B. Plaintiff B’s claim is a co-owner of the instant building, and is not a party to the instant lease agreement, and thus, Plaintiff B’s claim for termination of the instant lease agreement is without merit.

3. Conclusion A’s claim is accepted, and Plaintiff B’s claim is dismissed.

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