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(영문) 의정부지방법원고양지원 2017.09.29 2017가단7401
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From March 21, 2017, the foregoing paragraph (a) is described.

Reasons

1. Basic facts

A. On August 5, 2015, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 5,00,000, monthly rent of KRW 550,000 (payment after August 20), and the lease contract between August 20, 2015 and August 19, 2016 (hereinafter “instant lease contract”). Since then, the instant lease contract was implicitly renewed.

B. On December 2016, the Defendant paid the Plaintiff the rent up to December 2016, and did not pay the rent thereafter. On April 24, 2017, the Plaintiff notified the Defendant of the termination of the instant lease by content-certified mail.

C. On May 28, 2017, the Defendant paid the Plaintiff the rent of KRW 1,500,000 in arrears, and up to now, possessed the instant building.

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

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on April 24, 2017 due to the Defendant’s delinquency in rent, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Plaintiff was paid rent from the Defendant to March 20, 2017. As such, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent or rent calculated at the rate of KRW 50,000 per month from March 21, 2017 to the completion date of delivery of the instant building.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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