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(영문) 광주지방법원 2017.01.13 2016가단33917
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) from 10,150,000 won and August 17, 2016

Reasons

1. Facts of recognition;

A. On March 5, 2014, the Plaintiff leased real estate listed in the attached list to the Defendant as KRW 2,00,000,000, the lease period from March 17, 2014 to March 16, 2015, and KRW 350,000 per month.

B. The Defendant did not pay the rent after April 17, 2014.

C. On June 22, 2015 and August 30, 2016, the Plaintiff expressed to the Defendant the intent to terminate the lease contract on the grounds of the delinquency in rent, and the said declaration of intent was served to the Defendant around that time.

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

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated by the Plaintiff’s declaration of intention to terminate the contract. Thus, the Defendant is obligated to deliver real estate recorded in the separate sheet to the Plaintiff, and the Defendant is obligated to return unjust enrichment equivalent to the rent of KRW 10,150,000 (=350,000 x 29 months x 29 months) due to the unpaid rent and unjust enrichment between April 17, 2014 and August 16, 2016.

3. According to the conclusion, all of the Plaintiff’s claims shall be accepted, and it is so decided as per Disposition.

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