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(영문) 인천지방법원부천지원 2016.03.09 2015가단19485

건물명도등

Text

1. The defendant is against the plaintiffs:

(a) Of the second floor of the building listed in the attached list, the indication of the annexed drawings A, B, C, D, and A.

Reasons

1. Facts of recognition;

A. On July 31, 2013, the Plaintiffs concluded a lease agreement with the following terms, and leased the building owned by the Plaintiffs (as stated in the order, No. 203, No. 26.52, hereinafter “instant housing”) to the Defendant.

From August 2, 2013 to August 1, 2015, the lease deposit period of 3 million won, 300,000 won per month (payment after August 2, 2013)

B. The Defendant did not delay 4.2 million won (14 months) out of the rent between August 1, 2015, when occupying and using the instant house from the commencement date of the above lease period to August 1, 2015.

C. On August 13, 2015, the Plaintiffs filed the instant lawsuit seeking the cancellation of the lease agreement and the return of the leased object on the grounds of the Defendant’s delinquency in rent, and the duplicate of the complaint was served on the Defendant on September 23, 2015.

On the other hand, the Defendant paid to the Plaintiffs KRW 90,000,000,000,000,000,000,000 after the filing of the instant lawsuit, under the pretext of overdue rent, and on November 3, 2015.

[Reasons for Recognition] Records; Records Nos. 1 to 4; and the purport of the whole pleadings

2. According to the above facts of recognition, the lease agreement between the plaintiffs and the defendant was lawfully terminated by the delivery of a copy of the complaint of this case.

Therefore, the Defendant is obliged to deliver the instant house to the Plaintiffs and pay the amount calculated by applying the ratio of KRW 3.3 million to KRW 3 million from September 2, 2015 to KRW 300,000 per month from September 2, 2015 to the delivery date of the instant house as unjust enrichment.

3. Therefore, it is decided as per Disposition by citing the plaintiffs' claims in full.