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(영문) 서울남부지방법원 2014.08.22 2014가단6125
건물명도 등
Text

1. The Defendants are to the Plaintiff:

(a) Of the underground rooms of the houses listed in the separate sheet, each of the marks indicated in the annexed sheet 1, 2, 3, 4, 1 of the annexed sheet.

Reasons

1. Facts of recognition;

A. On January 28, 2012, the Plaintiff was leased to Defendant B with a deposit of KRW 1 million, KRW 130,000 per month (payment on January 28, 2012), from January 28, 2012 to January 28, 2014, and KRW 1 million per deposit of KRW 03,00,000 per annum (hereinafter “instant real estate”) among the underground rooms of the housing indicated in the attached list, and paid KRW 1 million per deposit from Defendant B.

B. Defendant B resided with Defendant C in the instant real estate. From March 2013, Defendant C had occupied and used the instant real estate while residing in the instant real estate of Defendant C mixed.

C. Defendant B did not pay the rent under the instant lease agreement from October 29, 2013.

In addition, the Defendants did not pay the total of 87,930 won of the fees used until December 2013 in using urban gas in the instant real estate, and the Plaintiff paid the said amount on July 17, 2014.

On January 9, 2014, the Plaintiff notified Defendant B that the instant lease agreement will terminate with the expiration of the term, and thus, the Plaintiff’s demand for the delivery of the instant real estate.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 5 evidence, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, Defendant B is a party to the instant lease agreement, and the instant lease agreement was terminated upon expiration of the period of validity, and Defendant C without title occupies the instant real estate, barring any special circumstance, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 130,000 per month from October 29, 2013 to the completion date of delivery of the instant real estate.

3. Determination as to Defendant C’s assertion

A. Defendant C’s assertion, such as succession to a lease agreement.

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