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(영문) 수원지방법원 평택지원 2017.03.31 2017가단1146

건물명도 등

Text

1. The Defendant points out to the Plaintiff each point of the attached Form 1, 2, 3, 4, and 1 among the real estate 165.5 square meters in the attached list.

Reasons

1. The facts that there is no dispute over the cause of the claim, and comprehensively taking account of the purport of the entire pleadings in the statement No. B, the Plaintiff and the Defendant agreed on Oct. 9, 2012 that, on Oct. 1, 2012, the Plaintiff may terminate the lease contract with the Defendant on the following grounds: (a) KRW 1 million for lease deposit; (b) KRW 36,000,000 for monthly rent (payment on the first day); and (c) two years (2) years from the delivery date; and (d) under a special agreement, the Plaintiff and the Defendant agreed that, on Oct. 9, 2012, the Plaintiff may terminate the lease contract (hereinafter “the lease contract in this case”); and (b) the Plaintiff’s termination of the lease contract in this case on Oct. 28, 2015, based on the following reasons: (a) the Plaintiff’s delay in payment of rent at least twice.

According to the above facts, as the instant lease contract was lawfully terminated on February 8, 2017, the Defendant, barring any special circumstance, is obligated to order the Plaintiff to use the instant commercial building and pay the Plaintiff the amount at the rate of KRW 300,000 per month from February 9, 2017 to the completion of the name of the said commercial building, which was sought by the Plaintiff for unjust enrichment equivalent to the rent of KRW 900,000 in arrears and the rent of KRW 90,000 after the termination of the lease contract

2. On November 2016, the Defendant sought to pay the overdue rent to C, a manager of a commercial building, but C refused to pay the overdue rent. On the same day, C received a copy of the complaint of this case and deposited the Plaintiff with repayment deposit amounting to KRW 600,000 against the Plaintiff, the said lease agreement is deemed to be valid.

According to the statement in Eul evidence No. 2, the defendant deposited 60,000 won in arrears with the plaintiff as the principal deposit in Suwon District Court No. 2017Hun-Ba66 on February 9, 2017.