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(영문) 창원지방법원마산지원 2017.08.23 2017가단1618
토지및 건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

B. KRW 19,00,000 and July 11, 2017

Reasons

1. Facts of recognition;

A. On July 2013, the Defendant issued an order from Nonparty C to Nonparty C’s ownership.

The respective real estate listed in the subsection (hereinafter referred to as “each of the instant real estate”) was leased KRW 5 million as the lease deposit, KRW 500,000 won as the monthly rent (one-year rent of KRW 6 million), and KRW 500,000 as the lease term from July 11, 2013 to July 10, 2014.

(hereinafter “instant lease agreement”). B.

The Plaintiff purchased each of the instant real estate from C on October 28, 2016, and completed the registration of ownership transfer on November 9, 2016.

C. From July 11, 2013 to November 10, 2016, on the ground that the instant lease contract was terminated due to the delinquency in rent of 40 days, the purport of the instant claim and the duplicate of the application for modification of the cause of the claim were served on the Defendant on June 9, 2017, stating that the Defendant would be entitled to the payment of the remainder after deducting five million won from the delivery of each of the instant real estate, the rent in arrears, and the unjust enrichment.

Since June 9, 2017, the Defendant occupies and uses each of the instant real estate, and is ratified as KRW 500,000 per month the monthly rent of each of the instant real estate after June 9, 2017.

[Reasons for Recognition] Facts without dispute, obvious facts in records, Gap evidence Nos. 1, 2, and 4 (including paper numbers) and the purport of the whole pleadings

2. As to the cause of the claim

A. Each of the instant real estate constitutes a residential building, and the term of lease in the instant lease agreement was set as one year.

Even if the lease term of this case is from July 11, 2013 to July 10, 2015 pursuant to the main sentence of Article 4(1) of the Housing Lease Protection Act, the lease term of this case is from July 11, 2013 to July 11, 2015. The lease term of this case, which is implicitly renewed on July 11, 2015, shall be two years, which are the same conditions as the lease term, pursuant to Article 6(2) of the Housing Lease Protection Act or the main sentence of Article 639(1) of the Civil Act. Thus, the lease term of this case

B. On November 21, 2016, the Plaintiff entered the evidence No. 3 alone.

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