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(영문) 서울남부지방법원 2015.04.28 2014가단58317
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. From 25,00,000 won to 25,000 won, buildings listed in the separate sheet from June 13, 2014.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; (b) evidence Nos. 1 through 3; and (c) evidence No. 1; and (c) the purport of the entire pleadings.

On May 8, 2014, the Plaintiff and the Defendant entered into a document (Evidence A2) stating the details of the instant building owned by the Plaintiff to be leased from June 13, 2014 to June 13, 2015 with a deposit amount of KRW 25 million, monthly rent of KRW 400,000,000, and entered into an agreement with the Defendant to lease from June 13, 2014 to June 13, 2015, “Real Estate (multi-household) monthly rent contract” (Evidence A2) with the said special agreement, and entered into the said agreement as follows: “The lease contract with the present facilities and the present registration status of the right to register. The lessor is a lease contract with the maximum debt amount of KRW 144,00,000 in Korean

(B) from the next day, the instant lease contract is deemed only to be “the instant lease contract.”

Until June 13, 2014, the Defendant paid KRW 25 million to the Plaintiff as a security deposit, and occupied and used the instant building from the Plaintiff to the present day, and did not pay the monthly rent.

2. Since it is apparent that the instant complaint, which expressed the intent to terminate the instant lease agreement, was served on the Defendant on November 21, 2014, to determine the cause of the Plaintiff’s claim, the instant lease agreement was terminated by the Defendant’s notice of termination due to the delay in rent, in full view of the facts acknowledged in the said basic facts.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff and pay monthly rent or unjust enrichment calculated at the rate of KRW 400,000 per month from June 13, 2014 to the completion date of delivery of the instant building.

3. First of all, the defendant's argument regarding the defendant's assertion is paid KRW 5 million as the contract deposit was obtained on the monthly side of the broker even though the risk of the loan was high, and KRW 50 million is paid, and KRW 200,000 is monthly rent.

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