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(영문) 수원지방법원성남지원 2017.10.24 2016가단226683

건물명도 등

Text

1. The defendant shall receive KRW 5,000,000 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On June 5, 2015, the Defendant entered into a lease contract (hereinafter “instant lease contract”) between the Plaintiff and the Plaintiff, setting the rental deposit of KRW 5,000,000, monthly rent of KRW 650,000, and the lease period of KRW 30,000 from June 30, 2015 to June 30, 2016, and Article 4 of the said lease contract provides for the termination of the contract as follows.

Article 4 (Termination of Contract) If the lessee's delayed delay amounts to two terms, or if the lessee violates Article III, the lessor may terminate the contract.

C. As from June 2016, the Defendant did not pay rent for the instant real estate, the Plaintiff filed the instant lawsuit seeking the delivery, etc. of the said real estate at the same time upon cancelling the instant lease agreement on the grounds thereof on November 16, 2016. A duplicate of the complaint stating such declaration of intention was served on the Defendant around November 29, 2016.

At the time of the closing of the instant case, the Defendant occupied and used the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above findings, the instant lease agreement was terminated on November 29, 2016, where the Plaintiff declared the intention of termination.

Therefore, the Defendant is obliged to deliver the instant real estate to the Plaintiff at the same time with the payment of KRW 5,00,000 from the Plaintiff, and to pay the amount calculated by the rate of KRW 650,00 per month from June 1, 2016 to the return of unjust enrichment equivalent to the rent or rent from June 1, 2016 to the completion of delivery of the said real estate.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.