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(영문) 춘천지방법원강릉지원 2017.11.28 2017가단3341
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in the separate sheet, the current status of the attached building is also 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. On April 6, 2016, the Plaintiff completed the registration of ownership transfer on the real estate stated in the attached list.

B. From October 17, 201 to October 17, 201, the Defendant leased, among the real estate listed in the separate sheet, the part (Ga) part (Ga), 42,195 square meters (hereinafter “instant building”) connected to each point of the attached Table 1, 2, 3, 4, and 1 among the real estate listed in the separate sheet, the Plaintiff, the former owner of the Plaintiff, leased the building to KRW 2,50,000 and resided therein.

C. On May 4, 2017, the Plaintiff sent to the Defendant a certificate of content that notifies the Defendant of the termination of the lease agreement, and the Plaintiff was served on the Defendant.

The defendant does not pay rent from August 1, 2017.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement is deemed to have expired on October 17, 2016, when five years have elapsed since the first lease agreement was concluded. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff and return unjust enrichment equivalent to the rent and rent in proportion to KRW 250,000 per month from August 1, 2017 to the completion date of delivery of the instant building.

3. Accordingly, we decide to accept the Plaintiff’s claim of this case on the grounds of its reasoning.

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