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(영문) 수원지방법원성남지원 2017.11.14 2017가단209197

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

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

B. From October 29, 2016, the above buildings are located.

Reasons

1. Basic facts

A. On September 23, 2016, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant as the lease period from October 29, 2016 to October 29, 2017, the deposit amount of KRW 20 million, monthly rent of KRW 220 million (hereinafter “instant lease contract”). At that time, the Plaintiff transferred the said building to the Defendant.

B. As the Defendant did not pay a rent under the instant lease agreement, on February 1, 2017, the Plaintiff urged the Defendant to pay the unpaid rent in full by February 1, 2017 with the content certificate, and even if the Defendant did not pay a rent, expressed his/her intent to terminate the instant lease agreement as the instant complaint, as the Defendant did not pay a rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings

2. According to the above facts, it can be acknowledged that the instant lease contract was lawfully terminated by the Plaintiff’s notice of termination on the ground of the Defendant’s delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay unjust enrichment equivalent to the rent or rent, calculated at the rate of KRW 2.2 million per month from October 29, 2016 to the completion date of delivery of the instant building.

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.