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(영문) 의정부지방법원 2015.09.08 2014가단50906

건물명도 등

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) order the real estate listed in the separate sheet;

B. October 15, 2014

Reasons

1. Basic facts - around September 17, 2013, the Plaintiff: (a) leased the rent to the Defendant without a lease deposit at KRW 15 million; and (b) the lease period at KRW 15 million from October 15, 2013 to KRW 24; and (c) the lease period at KRW 12-month advance payment.

- Around October 15, 2013, the Defendant paid the Plaintiff the rent of KRW 15 million for 12 months, but did not pay the rent from October 15, 2014.

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

2. The assertion and judgment

A. As seen earlier, as seen earlier, the Defendant did not pay the Plaintiff the rent under the said lease agreement from October 15, 2014, as seen earlier, and accordingly, the Plaintiff may terminate the said lease agreement from the time when two months elapsed thereafter pursuant to Article 640 of the Civil Act.

Before the establishment of Article 10-8 of the Commercial Building Lease Protection Act. However, since the fact that the copy of the complaint of this case, stating the purport that “the said lease is terminated on the ground of the delinquency in rent,” reaches the Defendant on or around January 2015, the above lease contract was lawfully terminated.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount equivalent to KRW 1,250,00 ( KRW 15,000,000 ± 12 months) monthly as the order of the instant real estate was issued to the Plaintiff, and ② from October 15, 2014 to the completion date of the order of the purchase of the instant real estate or the return of unjust enrichment equivalent to the same amount.

B. (1) The Defendant’s assertion that the cause of the counterclaim was determined (1) that the Defendant leased the instant real estate from the Plaintiff to operate a pen, and that the Defendant incurred total damages of KRW 9,061,730 due to the Plaintiff’s various contractual violations or illegal acts during the lease period. The details are as follows.

① The Plaintiff from May 30, 2014 to the same year.

7. Between October and October, the waterproof Construction was done on the instant real property, and the project was done.