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(영문) 수원지방법원 2016.11.02 2016가단508382

건물명도

Text

1. The defendant shall be the plaintiff.

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

(b) from February 3, 2016, entry in the separate sheet.

Reasons

1. Facts of recognition;

A. On June 30, 2015, the Plaintiff leased a building listed in the attached list owned by it (hereinafter referred to as the “instant building”) to the Defendant by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 700,000 (excluding value-added tax), and the lease period from August 3, 2015 to August 2, 2017.

(hereinafter “instant lease agreement”). B.

The defendant paid monthly rent to the part of January 2017, but the subsequent monthly rent is overdue.

C. According to the instant lease agreement, the lessor may terminate the lease agreement if the lessee fails to pay the rent for at least three years.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant’s delinquency in paying monthly rent to reach at least three rents, and on this ground, it is evident in the record that the Plaintiff’s written brief dated August 11, 2016, which included the Plaintiff’s declaration of intent to terminate the instant lease agreement, reached the Defendant on August 17, 2016. Thus, the instant lease agreement was terminated on the ground of the Defendant’s delinquency in paying monthly rent to the Defendant for the three-year period.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff upon restitution, and pay monthly rent of KRW 770,000 per month from February 3, 2016 to the completion date of delivery of the instant building, or return unjust enrichment equivalent to the monthly rent.

3. The plaintiff's claim is accepted on the ground of the reasoning.