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(영문) 서울동부지방법원 2015.05.12 2014가단55605

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the attached Form, each point of the A, B, C, D, and A, indicated in the attached Form.

Reasons

1. Facts of recognition;

A. On May 4, 2012, the Plaintiff agreed to the Defendant that the lease deposit was KRW 10 million for the leased property, KRW 850,000 for the monthly rent, KRW 50,00 for the monthly rent, and KRW 50,00 for the lease period from May 25, 2012 to May 24, 2014 for the lease period, and the lessor may terminate the lease contract if the lessee fails to pay rent more than twice.

B. However, from May 25, 2013, the Defendant delayed the payment of monthly rent and management expenses, and the Plaintiff expressed his/her intent to terminate the instant lease contract by serving a duplicate of the instant complaint on the Plaintiff.

C. During the instant lawsuit pending, the Defendant paid the Plaintiff KRW 2.2 million on January 10, 2015, KRW 900,000 on February 1, 2015, and KRW 900,000 on March 3, 2015.

By December 24, 2014, the defendant's overdue rent, unjust enrichment equivalent to rent, and management fee amount to KRW 3.8 million.

[Grounds for Recognition: Evidence Nos. 1, 2, 4, Evidence No. 1-1 to 3 of Evidence No. 1-3, purport of the whole pleadings]

2. According to the above facts finding, the instant lease contract is deemed to have been lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to the Defendant’s declaration of termination. Thus, the Defendant delivers the instant building to the Plaintiff; the Defendant pays KRW 3.8 million due to the overdue rent up to December 24, 2014; the Plaintiff paid KRW 5,310,280 due to overdue rent up to December 24, 2014; the Plaintiff and the Plaintiff sought payment of KRW 5,310,280 due to overdue rent up to December 24, 2014; according to the evidence evidence evidence evidence No. 4, the sum of the rents from May 25, 2013 to December 24, 2014 x KRW 1,710,900,000 x 19 months up to the date of closing the argument; and the Defendant paid the Plaintiff the aggregate of KRW 13,301,24,214.