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(영문) 의정부지방법원 2015.08.25 2015가단17708

건물명도

Text

1. The defendant shall be the plaintiff.

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

B. From 12,600,000 won and May 18, 2015

Reasons

1. Indication of claim;

A. On April 22, 2013, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant by setting the lease deposit of KRW 10 million, KRW 600,000 per month, and the period from May 18, 2013 to May 18, 2015, and the said real estate was handed over on May 18, 2013.

B. However, from September 18, 2013, the Defendant did not pay a rent as stipulated in the above lease agreement, and thus, the amount of the rent was at least two years, and on that ground, the Plaintiff expressed his/her intent to terminate the above lease agreement to the Defendant on January 28, 2015.

C. Therefore, the above lease contract was terminated on or around January 28, 2015. Therefore, the Defendant is obligated to order the Plaintiff to surrender the instant real estate and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 600,000 per month from September 18, 2013 to May 17, 2015, which was the time when the instant lawsuit was filed, from September 18, 2013 to May 17, 2015, from the time when the instant lawsuit was filed (=60,000 won per month x 21 months), and the following day from May 18, 2015 to the day when the name of the instant real estate is completed.

2. Judgment deemed as a confession based on a brief judgment (Article 208 (3) 2 of the Civil Procedure Act);