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(영문) 울산지방법원 2016.04.19 2015가단22501

건물명도 등

Text

1. The defendant

A. The first floor of the 122th floor of the Bulju-gun, Ulsan-gun, the lightweight structure, sand position panel, and the roof, one of which is the single house.

Reasons

1. Basic facts

A. On November 26, 2013, the Plaintiff leased the 122.5 square meters of single-story detached housing in Ulsan-gun, Ulsan-gun, the Plaintiff owned by the Plaintiff to the Defendant as follows.

(hereinafter “instant lease agreement”). (1) Period: From December 15, 2013 to December 14, 2015, 2015, (2) deposit: KRW 10 million: monthly rent of KRW 3,000: 60,000: The Plaintiff may terminate the lease agreement immediately if the Defendant’s delayed delay exceeds the amount of two-term rents.

B. On September 15, 2015, the Defendant did not pay two or more vehicles, and the Plaintiff notified the termination to the Defendant with the content certificate.

C. In other words, the Defendant did not pay the rent from November 15, 2015, and did not pay the rent for more than two years. The Plaintiff, upon delivery of the application for modification of the purport of the claim and the cause of the claim as of January 20, 2016, expressed an intention to terminate the lease contract again.

The Defendant is a site for the instant building during the lease period, and Paragraph (1) of this Article shall apply to the land of Ulsan-gun, Ulsan-gun, the Plaintiff-owned, on the land of 1,258 square meters.

The greenhouse and 2 containers were installed in the port.

(hereinafter “instant structure”). The Defendant installed the instant structure with the Plaintiff’s consent, but the Defendant decided to remove the instant structure upon the termination of the lease.

[Reasons for Recognition] 1, 2, 3, and 5 (including virtual numbers), and the result of the measurement and appraisal commission to the head of the Ulsan National Land Information Corporation, the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, since the instant lease contract was lawfully terminated due to the Plaintiff’s termination notice or expiration date, the Defendant is obligated to remove the instant structure to the Plaintiff, deliver the instant building, and pay the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 600,000 per month from November 15, 2015 to the completion date of delivery of the instant building.

3. The plaintiff's claim of this case is reasonable.