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(영문) 인천지방법원 2019.01.09 2018가단21516

건물명도

Text

1. The defendant shall be the plaintiff.

A. Of the real estate 122.58 square meters on the attached list, the indication of the attached drawings 1, 2, 7, 6, 8, 1 of the attached list.

Reasons

1. Facts of recognition;

A. In around 2009, the Plaintiff, among the real property 122.58 square meters on the attached list, leased to the Defendant a lease deposit of KRW 10,00,000 and KRW 50,00 per month on a ship (hereinafter “instant real property”) that connects each point of the attached drawings Nos. 1, 2, 7, 6, 8, and 1 to the Defendant in sequence, among the real property 1st floor on the attached list 1,22.58 square meters on the attached list.

B. The Defendant did not pay the rent from February 3, 2017 when the lease deposit was appropriated for the overdue rent and all of the overdue rent was dismissed.

On October 3, 2017, the Plaintiff leased the instant real estate to the Defendant with the rent of KRW 500,000 per month and the lease term of KRW 24 months without the lease deposit.

C. The Defendant did not pay the car after October 3, 2017.

On May 2018, the Plaintiff notified the Defendant that the lease contract is terminated on the ground of the delinquency in rent.

Around November 2018, the Defendant paid KRW 500,000 to the Plaintiff, and the Plaintiff appropriated the overdue rent from February 3, 2017 to March 2, 2017.

The Defendant has continuously occupied and used the instant real estate from May 2018 to the present date.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, and 2-2, the purport of the whole pleadings

2. According to the facts of the above recognition, the lease agreement between the Plaintiff and the Defendant on the instant real estate was lawfully terminated around May 2018 following the Plaintiff’s notice of termination of the contract on the ground of the Defendant’s delinquency in rent. From March 3, 2017 to March 3, 2017, the Defendant delayed the possession and use of the instant real estate and at least KRW 500,000 per month, or acquired unjust enrichment.

Therefore, the Defendant is obligated to issue an order to the Plaintiff to order the instant real estate and pay the amount calculated by the ratio of KRW 500,000 per month from March 3, 2017 to the ordering date of the instant real estate.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.