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(영문) 수원지방법원안산지원 2017.08.16 2017가단2267

건물인도 및 임대료

Text

1. The defendant shall be the plaintiff.

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

B. From February 20, 2017, 2,000 won and above.

Reasons

1. On December 28, 2012, the Plaintiff entered into a lease agreement with the Defendant on a deposit amounting to KRW 10 million and KRW 700,000 per month for the building listed in the separate sheet (hereinafter “instant building”) and delivered the said building to the Defendant around that time.

After that, the Defendant did not pay more than three rents even after the Defendant was reduced to KRW 500,000 per month, and the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant on January 2017.

【In the event that there is no dispute, Gap 1 and 2's each statement, the whole purport of the pleading, and the lessee's delay amount reaches three times's rent, the lessor may terminate the contract. Thus, the lease contract of this case was lawfully terminated by the Plaintiff's declaration of termination.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the amount calculated by the ratio of KRW 2 million to KRW 500,000 (from October 20, 2016 to February 19, 2017) and KRW 500,000 per month from February 20, 2017 to the completion date of delivery of the instant building as overdue rent or unjust enrichment.

2. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.