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(영문) 서울중앙지방법원 2014.07.14 2013가단230420

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the third floor of 47.60 square meters among the buildings listed in the attached list;

(b) the annexed list;

Reasons

1. Facts of recognition;

A. On October 2, 2005, the Plaintiff entered into a lease agreement with the Defendant on a deposit deposit of 20,000,000 square meters for the third floor of 47.60 square meters among the buildings listed in the attached Table (hereinafter “the instant building”) with the Defendant (hereinafter “the lease agreement”). The lease agreement was concluded between October 2, 2005 and 24 months from October 2, 2005, with respect to the lease deposit of 20,000 square meters for the monthly rent of 47.60 square meters.

B. On May 7, 2006, the Plaintiff entered into a lease agreement with the Defendant on the deposit amount of KRW 5,000,000, monthly rent of KRW 400,000, and from May 7, 2006 to May 6, 2011 (hereinafter “the second lease agreement of this case”).

C. The Defendant continued to use the first floor and the third floor of the instant building, upon implied renewal of each of the instant lease agreements. However, around January 2, 2013, the Defendant paid the Plaintiff the rent on November 201 for the first floor and the third floor of the instant building and the third floor of the instant building and the monthly rent on December 2011.

On May 21, 2013, the Plaintiff declared to the Defendant that each of the instant lease agreements will be terminated on the grounds of delinquency in payment of monthly rent for at least two months, and the said declaration of intent reached the Defendant on the 22th day of the same month.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 3, 5, and 6 evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the fact that the India’s obligation is recognized, each of the instant lease agreements was terminated on May 22, 2013 by the Plaintiff’s declaration of termination on the grounds of delinquency in rent for at least two months.

Therefore, the defendant is obligated to deliver 5.44 square meters of the building of this case and 47.60 square meters to the plaintiff, barring special circumstances.

B. According to the above facts, the defendant is obligated to pay the overdue rent and return the unjust enrichment (1). The defendant is obligated to pay the overdue rent to the plaintiff as to the first floor and the third floor of the instant building and the delivery of each of the above parts.