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(영문) 인천지방법원 2015.01.23 2014가단46463

건물명도등

Text

1. The defendant shall be the plaintiff.

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

B. From June 20, 2012, the above real estate.

Reasons

1. Basic facts

A. On November 20, 2007, the Plaintiff leased real estate indicated in the attached list to the Defendant, the lease deposit of KRW 10,000,000, monthly rent of KRW 400,000 (repaid on the 20th of each month), and the lease period from November 20, 2007 to November 19, 2009.

After that, the above lease contract has been automatically renewed.

B. However, the Defendant continued residing in the instant real estate and paid monthly rent to May 20, 2012, and did not pay monthly rent from June 20, 2012 to June 20, 2012.

On December 24, 2013, the Plaintiff sent a content-certified mail to the Defendant to the effect that the above lease contract is terminated on the grounds of delinquency in monthly rent and that the Plaintiff claims the delivery of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4 and the purport of the whole pleadings

2. Determination:

A. According to the above facts, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay rent or unjust enrichment calculated at the rate of KRW 400,000 per month from June 20, 2012 to the completion date of delivery of the instant real estate.

B. The Defendant asserts that, around June 2014, the Plaintiff suspended the delivery deadline and the payment of rent to the Defendant by telephone around March 2015.

However, there is no evidence to acknowledge this.

Therefore, the defendant's above assertion is without merit.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition with the assent of all participating Justices.