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(영문) 수원지방법원 2017.01.11 2016가단42813
건물명도등
Text

1. The Defendant shall deliver the real estate listed in the attached Table to the Plaintiff, and (2) deliver the said building from July 4, 2016.

Reasons

1. Indication of claim;

A. On April 23, 2016, the Plaintiff concluded a lease agreement with the Defendant and delivered the instant building to the Defendant by setting a deposit of KRW 20 million, monthly rent of KRW 1980,000 (including value-added tax, and payment after the 15th of each month), and the lease term of KRW 15,000,000 for two years from May 15, 2016.

B. After the Defendant’s delivery of the instant building on June 17, 2016, only 1.2 million won (the pertinent rent up to July 13, 2016) out of the rent of 1.98 million won as of July 17, 2016, was not paid.

C. The Plaintiff terminated the lease on the grounds of the Defendant’s delinquency in rent.

Therefore, since the lease of the Plaintiff terminated upon the termination of the lease, the Defendant has to deliver the instant building to the Plaintiff, and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, according to the ratio of KRW 1980,000 per month from July 14, 2016 to the time the instant building is transferred.

2. Judgment made without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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