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(영문) 춘천지방법원원주지원 2014.12.11 2014가단35210
건물명도
Text

1. The defendant shall be the plaintiff.

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

B. From October 1, 2014, 2,400 won and above.

Reasons

1. Basic facts

A. On April 1, 2013, the Plaintiff: (a) the Defendant entered the attached list in the attached list to the Defendant is a building of 81.06 square meters which is not a building of 22.44 square meters, but a building of 81.06 square meters; (b) however, it is insufficient to recognize that the Defendant’s leased building is a building of 81.06 square meters different from the indication on the registration ledger of the instant building or on the building ledger; and (c) there is no other evidence to acknowledge

(hereinafter referred to as the “instant building”) leased deposit KRW 3,00,000, KRW 300,000 monthly rent, and KRW 300,000 from April 1, 2013 to March 30, 2015 (hereinafter “instant lease agreement”).

B. The Defendant did not pay the rent from February 1, 2014.

C. On July 10, 2014, the Plaintiff sent a certificate of content that the instant lease agreement will be terminated, and the said certificate reaches the Defendant around that time.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated on July 10, 2014 due to the Defendant’s delinquency in payment of two or more rents, and thus, the Defendant delivered the instant building to the Plaintiff, and the same year from February 1, 2014.

9. From October 1, 2014 to the completion date of the delivery of the building in this case, there is a duty to pay an unjust enrichment equivalent to the rent calculated by applying the ratio of KRW 300,000 per month to KRW 2,40,000 for overdue rent or rent equivalent to KRW 30,00.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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