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(영문) 대전지방법원논산지원 2017.09.28 2017가단1366
건물명도(인도)
Text

1. The defendant delivers 1,200,000 won to the plaintiff, among the buildings listed in the attached list, to the plaintiff.

2...

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached Table 122m2 and the attached Table on the land of 122m2m2 and that of the building in Seosan-si (hereinafter “instant building”).

B. On September 5, 2014, the Plaintiff entered into a lease agreement. On September 5, 2014, one column among the first floor of the instant building (hereinafter “Nom”) is the Defendant.

(2) On December 10, 2014, the Plaintiff leased the second floor (hereinafter “the second floor”) of the instant building to the Defendant as a monthly rent of KRW 200,000,000,000, monthly rent of KRW 3330,000,000, and the lease period from September 5, 2014 to September 5, 2016. (2) On December 10, 2014, the Plaintiff leased the instant building to the Defendant for rent of KRW 200,000,000 without a deposit, and the lease period from December 10, 2014 to December 10, 2016.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that the Defendant did not pay the rent after June 5, 2016, and thus, the Plaintiff is obligated to deliver the portion of the rent to the Plaintiff, and to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 530,00 per month from June 5, 2016 to the date the delivery is completed.

In addition, since May 2, 2015, the Defendant occupied the remainder (hereinafter “the part (Do) of the first floor of the instant building without the Plaintiff’s consent. As such, the Defendant is obligated to deliver the part (Do) to the Plaintiff and to pay unjust enrichment equivalent to the rent calculated at the rate of KRW 330,000 per month from May 2, 2015 to the date the delivery is completed.

B. According to the facts of the above recognition of the claim as to (1) (Ga) portion, since the lease contract as to (Ga) portion is deemed to have expired without renewal, the Defendant is obligated to pay the Plaintiff the rent of 1.2 million won for May, 2016 and July through November 1, 2016 (=200,000 won x 6 months) and deliver the said portion. However, even after the termination of the lease by the Plaintiff, there is no evidence to acknowledge the fact that the lease was actually occupied and used.

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