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(영문) 인천지방법원 2018.09.14 2018가단12390

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) From April 16, 2018, KRW 10,300 and KRW 16.

Reasons

1. Facts of recognition;

A. On May 15, 2017, the Plaintiff leased the building listed in the attached list (hereinafter “instant building”) to the Defendant as specified on May 15, 2017, with the lease deposit of KRW 50 million (each payment made on May 29, 2017, KRW 36.3 million, KRW 13.7 million, KRW 7 million, KRW 7 million per month, and the period from May 15, 2017 to May 14, 2019.

B. On May 15, 2017, the Defendant continued possession and use of the instant building upon delivery from the Plaintiff, and did not pay to the Plaintiff KRW 50 million (50,000,000,000,000 (the end of February 15, 2018 for the last postponed payment) and KRW 10,30,000,00 out of the rent and the rent (the amount of KRW 79,100,000,000,000,000 (the amount of KRW 3.5,000,000,000,000) until April 15, 2018).

C. The Plaintiff notified the Defendant of the termination of the above lease agreement on the grounds of the delinquency in part of the lease deposit and rent by the delivery of the duplicate of the instant complaint, and the duplicate of the said complaint was served on the Defendant on April 26, 2018.

Even after that, the defendant did not pay to the plaintiff the lease deposit and the overdue loan.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination of the above lease agreement was terminated on April 26, 2018, which was the notification date of termination by the Plaintiff.

The Defendant is obligated to deliver the instant building to the Plaintiff and pay rent of KRW 10,300,000 in arrears and unjust enrichment equivalent to rent or rent of KRW 7,700,000 per month from April 16, 2018 to April 16, 2018.