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(영문) 수원지방법원 2016.06.02 2016가단857
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. As from August 21, 2015, the delivery of the above building.

Reasons

Facts of recognition

On March 19, 2015, the Plaintiff leased a building listed in the attached list (hereinafter referred to as “instant building”) to the Defendant by setting the lease deposit of KRW 30 million, KRW 1.4 million per month, and the lease term of KRW 1.4 million per month, from April 20 to April 19, 2015.

The defendant does not pay rent from August 21, 2015.

[Reasons for Recognition] The plaintiff may terminate the lease contract, since there is no dispute, Gap's evidence Nos. 1 and 3, and the purport of the whole pleadings, but the defendant's failure to pay more than two times.

(C) As the Plaintiff asserted, the lease agreement was lawfully terminated on January 21, 2016, even if the Plaintiff’s declaration of termination remains after deducting the overdue charge from the lease deposit (such as the Defendant’s assertion). As such, the fact that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of termination, was served on the Defendant on January 21, 2016 is apparent.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

In addition, from August 21, 2015 to the completion date of delivery of the building of this case, the Defendant is obligated to pay the Plaintiff a rent of KRW 1,400,000 per month or unjust enrichment equivalent to the rent.

The plaintiff's claim is accepted.

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