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(영문) 대전지방법원서산지원 2017.05.02 2015가단55092

건물명도

Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point in the separate sheet No. 1, 2, 5, 6, and 1;

Reasons

1. In full view of the purport of the entire pleadings in the statement No. 1 of the judgment as to the cause of the claim No. 1, the Plaintiff and the Defendant No. 1-A of January 12, 2011.

As to the building mentioned in paragraph (1) (hereinafter referred to as “instant building”), a deposit of KRW 1 million, KRW 350,000 won per month (the 15th day of each month when the rent is paid), the lease term is from January 15, 201 to January 15, 2013 (hereinafter “instant lease contract”). The Defendant may recognize the fact that the Plaintiff occupied the instant building from the Plaintiff on January 15, 201 and did not pay the rent at all by occupying it until the closing date of pleadings, and the fact that the copy of the instant complaint was delivered to the Defendant on December 16, 2015, including the Plaintiff’s declaration of termination of the instant lease contract on the grounds that the Defendant was unpaid.

Therefore, the instant lease contract was terminated on December 16, 2015 according to the Plaintiff’s expression of intent to terminate the contract, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, and to return the rent or unjust enrichment at the rate of KRW 2,065,00 (59 months x 3.50,000 won) unpaid from January 15, 201 to December 14, 2015, and the amount of delay at the rate of KRW 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 17, 2015 to the date of complete payment, following the delivery of the copy of the instant complaint. < Amended by Act No. 13578, Dec. 15, 2015>

2. As to the Defendant’s assertion, the Defendant agreed to set KRW 200 million to the Plaintiff at the interest rate of 5.5% per annum, and set off the interest of the above loan and the rent of the instant building.

However, there is no evidence to acknowledge the payment of the deposit amount of one million won under the instant lease agreement.

Therefore, the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim is justified, and all of them are accepted.