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(영문) 수원지방법원 2016.10.06 2016가단500821

건물명도

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1. The defendant shall be the plaintiff.

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

B. From January 1, 2016, the amount of KRW 9,900,00 and the amount of KRW 9,000.

Reasons

Facts of recognition

On April 23, 2015, the Plaintiff leased a building listed in the attached list (hereinafter referred to as “instant building”) to the Defendant by setting the deposit of KRW 50 million, KRW 2.2 million per month, KRW 2 million per rent (including value-added tax, KRW 15,000,000 per month, and KRW 15,000 from May 15, 2015 to May 14, 2017.

Around May 12, 2015, the Defendant registered the business with the trade name "C" in the instant building.

The defendant did not pay a total of KRW 9.9 million until December 31, 2015.

The key to the building of this case was returned by the Plaintiff, but the defendant's office remains inside the building of this case.

[Ground of recognition] Evidence No. 1-1 and Evidence No. 2-2, and as a result of this court’s order to submit tax information on the revenue and expenditure duty of this court, the Defendant’s delay in the whole purport of the pleadings reaches three-dimensional rents, and thus, the Plaintiff may terminate the lease contract.

(See Articles 10-8 and 15 of the Commercial Building Lease Protection Act). Since it is evident that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of termination, was served on the Defendant on May 5, 2016, the lease contract was lawfully terminated.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the rent of KRW 9.9 million and the amount of unjust enrichment equivalent to the rent of KRW 2.2 million per month from January 1, 2016 to the completion date of the above delivery.

The plaintiff's claim is accepted.