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(영문) 서울중앙지방법원 2016.06.24 2015가단213252

건물명도 등

Text

1. The defendant shall be the plaintiff.

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

B. KRW 1,650,000 and as regards it, January 2016.

Reasons

1. Facts of recognition;

A. On September 4, 2014, the Defendant concluded a lease agreement with the Plaintiff by setting the lease deposit of KRW 15,00,000, monthly rent of KRW 550,000, and the lease period from September 4, 2014 to September 4, 2016, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). B.

On October 5, 2015, the Plaintiff notified the Defendant that the instant lease contract was terminated on or around October 5, 2015.

C. The sum of the monthly rent unpaid by the Defendant until January 3, 2016 is KRW 1,650,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 (including paper numbers; hereinafter the same shall apply), the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, since the instant lease contract was terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the unpaid rent of KRW 1,650,00,00, and to pay damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from January 13, 2016 to June 24, 2016, which is the day following the day when the copy of the instant complaint was served, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day when the delivery of the said real estate is completed. The Defendant is obligated to pay unjust enrichment from the rent of KRW 1,650,00 from January 4, 2016 to the day when the delivery of the said real estate is completed.

3. The plaintiff's claim for conclusion is reasonable.