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(영문) 수원지방법원안산지원 2015.06.10 2014가단37705

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From May 31, 2014, the above A

(b) buildings;

Reasons

1. Basic facts

A. On March 6, 2014, the Plaintiff agreed that the Defendant may immediately terminate the lease contract if the building listed in the attached list (hereinafter “instant building”) was leased to the Defendant at KRW 30 million (an amount of KRW 1.5 million for the lease contract payment, KRW 28.5 million for the remainder payment, KRW 28.5 million for the lease contract payment, KRW 55 million for the rent month (the last day of each following month), and KRW 50,000 for the lease period, from March 31, 2014 to March 30, 2016.

(hereinafter “instant lease agreement”). B.

However, after the Defendant paid KRW 978,350 to the rent, etc. on April 30, 2014, the Plaintiff did not pay the rent to the Plaintiff.

C. On September 1, 2014, October 27, 2014, and November 4, 2014, the Plaintiff notified each of the Defendant of the termination of the instant lease on the grounds of the delinquency in rent, and the Defendant received each of the termination notice around that time.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 4, and the purport of the whole pleadings

2. The Defendant did not pay two or more occasions a judgment on the grounds of the claim that the Plaintiff terminated the instant lease agreement on the grounds of this, as seen earlier.

Therefore, barring any other circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff as a result of the termination of the instant lease agreement, and pay the amount calculated by applying the rate of KRW 50,000 per month to the rent or rent from May 31, 2014 to the completion date of delivery of the instant building as unjust enrichment.

3. Judgment on the defendant's assertion

A. The summary of the Defendant’s assertion 1 paid the remainder of the lease deposit for personal reasons at least 20 days. In this case, the Plaintiff agreed to receive the rent from the date the Defendant actually occupied through a licensed real estate agent who arranged the instant lease agreement.

Nevertheless, the plaintiff is up to the date before the defendant moves in.