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(영문) 인천지방법원부천지원 2017.05.23 2016가단28042

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. 8,559,790 won and its related thereto on December 23, 2016

Reasons

1. In addition to the purport of the entire pleadings in Gap evidence Nos. 1 through 6 regarding the cause of the claim, the plaintiff leased real estate (hereinafter “instant real estate”) to the defendant on July 28, 2014, with the lease deposit of KRW 15 million, monthly rent of KRW 1,705,00 (including value-added tax), the lease period of KRW 1,705,00 (including value-added tax) from August 1, 2014 to August 1, 2016 (hereinafter “instant lease contract”); the defendant was in arrears with the payment of KRW 6,615,00 in total to the plaintiff until December 31, 2016; the management fee of KRW 1,94,790 in total; the defendant occupied the instant real estate and expressed his/her intention to terminate the instant lease contract on the ground that the lease contract was terminated by the plaintiff. < Amended by Act No. 12621, Dec. 21, 2016>

According to the above facts, since the lease contract of this case was lawfully terminated in accordance with the plaintiff's notice of termination on the ground of overdue rent and management expenses of the defendant, the defendant is obligated to transfer the real estate of this case to the plaintiff, and to return unjust enrichment equivalent to the rent of this case calculated in the ratio of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 23, 2016 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case, to December 23, 2016. < Amended by Act No. 3190, Jan. 1, 2017; Act No. 15055, Feb. 1, 2017>

2. In conclusion, each claim of the plaintiff is justified and it is so decided as per Disposition by the assent of all.