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(영문) 대전지방법원홍성지원 2016.04.19 2015가단11281

건물명도

Text

1. The defendant shall be the plaintiff.

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

(b) 2,700,000 won and October 30, 2015.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5 and the purport of all pleadings:

On October 30, 2014, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant with the lease deposit amount of KRW 5 million, monthly rent of KRW 450,000,000, and one year of lease period of KRW 1,000 (by October 29, 2015).

B. While the Defendant continued to use the instant real estate, it did not pay rent or unjust enrichment from May 2015.

C. The amount equivalent to the rent after October 30, 2015 also is KRW 450,000 per month if the same deposit exists.

The Plaintiff requested the Defendant to deliver the instant real estate without delay from two months prior to the expiration of the above lease term to the expiration date of the contract. On October 29, 2015, the Plaintiff sent to the Defendant a certificate to the effect that the delivery of the instant real estate was immediately requested, as the contract was terminated on October 29, 2015.

2. According to the fact that the lease contract on the instant real estate was terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 2.7 million per month from May 2015 to October 2015, as the Plaintiff seeks, from October 30, 2015 to October 30, 2015, and from October 30, 2015 to the completion date of delivery of the instant 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.