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(영문) 서울중앙지방법원 2016.08.25 2016가단37790

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. 31,460,00 won and above from April 5, 2016

Reasons

1. In addition to the purport of the argument in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff entered into a lease agreement with the Defendant on April 28, 2015, setting the lease deposit amount of KRW 30,000, monthly rent of KRW 2,600,00 (excluding value-added tax, and payment after April 4, 2015), and the period from May 4, 2015 to May 3, 2016 (hereinafter “instant lease agreement”). The Defendant began to use the building after delivery, and thereafter, it can be acknowledged that the Plaintiff failed to pay the Plaintiff the monthly rent as stipulated in the instant lease agreement. The Plaintiff filed a lawsuit on April 28, 2016, clearly stating that the lease agreement was terminated on the ground that the lease agreement was delayed for more than two years, and that the complaint was terminated.

According to the above facts, since the instant lease contract was lawfully terminated on April 28, 2016 on the grounds of the Defendant’s delinquency in rent, the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment of the rent or rent 31,460,000 won (= KRW 2,860,000) unpaid and unpaid and KRW 11 months) from April 5, 2016 to the delivery date of the instant building, as sought by the Plaintiff, as well as the amount of rent or rent 2,860,000 won calculated on April 5, 2016 to the delivery date of the instant building.

2. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.