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(영문) 인천지방법원 2016.07.14 2016가단14354

건물명도

Text

1. The defendant shall be the plaintiff.

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

B. From September 23, 2015, the above real estate.

Reasons

1. Basic facts

A. On December 13, 2014, the Plaintiff: (a) leased the instant real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant with the lease deposit of KRW 4 million; (b) monthly rent of KRW 3.60,000 (payment on the 22th day of each month); and (c) the lease term from December 23, 2014 to December 22, 2015; and (d) delivered the instant real estate to the Defendant on December 23, 2014.

B. On March 8, 2016, the Plaintiff sent a content-certified mail terminating the instant lease agreement to the Defendant on the ground that the Defendant was in arrears for at least three months, and at that time, the said declaration of termination reached the Defendant.

[Ground for Recognition: Facts without dispute, entry of Gap 2 through 4, purport of the whole pleadings]

2. According to the above facts of determination, since the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant real estate to the Plaintiff and to pay the Plaintiff the overdue rent or unjust enrichment equivalent to the rent in arrears calculated at the rate of KRW 360,000 per month from September 23, 2015 to the completion date of delivery of the instant real estate, as sought by the Plaintiff.

3. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.