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(영문) 대전지방법원 2015.04.22 2015가단3188

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver an indication 25.8 square meters of the attached Form 25.8 square meters among the 1st floor of the building listed in the attached list;

(b) 140.

Reasons

1. Facts of recognition;

A. On May 16, 2014, the Defendant entered into a contract with the Plaintiff to rent the rent of KRW 25.8 square meters indicated in the attached Form No. 25.8 square meters (hereinafter “instant real estate”) on the first floor of the building indicated in the attached Table No. 1, and paid KRW 500,000 to the Plaintiff as the lease deposit.

B. The Defendant did not pay KRW 10,80,000 out of the rent (=6 months x 1.80,000 won) incurred from May 16, 2014 to November 16, 2014.

C. On December 5, 2014, the Plaintiff sent to the Defendant a content-certified mail indicating the intent to terminate the contract on the grounds of delinquency in rent, and the said mail was served to the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the lease contract between the plaintiff and the defendant was lawfully terminated on the grounds of the defendant's delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 180,000 per month from December 21, 2014 to the completion date of delivery of the instant real estate, as sought by the Plaintiff.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.