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(영문) 전주지방법원군산지원 2017.06.13 2016가단8447

건물명도

Text

1. The defendant shall be the plaintiff.

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

B. 6,000,000 won and this shall be October 2016

Reasons

According to the purport of Gap evidence Nos. 1, 2, and 4 and the whole pleadings, the plaintiff is the owner of the office of this case. On October 10, 2014, the plaintiff leased the office of this case to the defendant on the lease deposit of KRW 3,000,000, monthly rent of KRW 300,000 (payment on October 30, 201), and the lease period of October 30, 2014 to October 29, 2019 (hereinafter "lease Agreement"), and the defendant did not pay the rent from February 2, 2015. Accordingly, it is recognized that the plaintiff expressed to the defendant that the lease contract of this case will be terminated by serving a duplicate of the complaint of this case.

Since the defendant's failure to pay more than three occasions of arrears, the lease contract of this case was lawfully terminated by delivery of a copy of the complaint of this case, and the defendant must deliver the office of this case to the plaintiff for reinstatement.

Furthermore, the Defendant is obligated to pay the Plaintiff the annual rent of KRW 6,00,000 (i.e., KRW 300,000 x 20 months x 20 months) from February 28, 2015 to October 29, 2016 and the due date (inasmuch as the rent is determined to be paid in advance under the instant lease agreement, the last due date for the payment of the rent shall be September 30, 2016), which is the Plaintiff’s claim, from October 19, 2016 to June 13, 2017, where it is deemed reasonable for the Defendant to dispute the existence and scope of the instant obligation, and damages for delay calculated by 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

In addition, the defendant is obligated to return the rent calculated by the ratio of KRW 300,000 per month from October 30, 2016 to the completion date of delivery of the office of this case, which is the day following the period reflecting the delay in the above KRW 6,00,000, to the plaintiff.

Meanwhile, the Plaintiff sought rent and unjust enrichment from October 19, 2015 to October 29, 2015, but the rent from October 19, 2015 to October 29, 2015.