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(영문) 인천지방법원 2015.09.08 2015가단11563

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. 8,000,000 won and the same on February 4, 2015

Reasons

If there is no dispute, and the purport of the entire argument is added to the statement in Gap evidence Nos. 1 and 3, it is recognized that the plaintiff notified the defendant of the termination of the lease agreement on September 11, 2014, on February 7, 2014, with the lease deposit of KRW 20 million, monthly rent of KRW 1 million, the lease term of KRW 300,000,000 from March 3, 2014 to March 2, 2015. The fact that the defendant is in arrears with the third period from September 3, 2014, and that the plaintiff notified the defendant of the termination of the lease agreement on the ground of the unpaid rent.

According to the above facts, the instant lease agreement was terminated on September 11, 2014 when the Plaintiff’s declaration of intention to terminate the contract was delivered to the Defendant on the grounds of the Defendant’s unpaid rent.

Therefore, the Defendant is obligated to deliver the real estate indicated in the separate sheet to the Plaintiff, and pay 8,00,000,000 won for overdue rent or unjust enrichment from February 3, 2015 to February 4, 2015, and 5% per annum as stipulated in the Civil Act from February 4, 2015 to March 13, 2015, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment. The Defendant is obligated to pay the unjust enrichment equivalent to the rent calculated at the rate of 1,00,000 won per month from February 4, 2015 to the date of complete delivery of the real estate listed in the separate sheet.

In regard to this, the defendant alleged that the plaintiff did not harm the heating, the luco replacement, the myco removal, etc. of the attached real estate, but there is no evidence to acknowledge the defendant's assertion.

The plaintiff's claim is justified and accepted.