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(영문) 춘천지방법원강릉지원 2016.12.14 2016가단5296
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) Of the real property listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. On August 19, 2015, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) part (A) of 76.20 square meters (10,000,000, monthly rent of KRW 1,650,000, and the lease period of KRW 1,650,000, from November 11, 2015 to November 10, 2018 (hereinafter “instant lease agreement”).

B. According to Article 4(1) of the instant lease agreement, a lessor may immediately terminate the said agreement when the lessee has failed to pay rents, joint operation expenses, public charges, etc. at least twice consecutively, or violates Articles 3 and 8 (Special Agreement).

C. After the Defendant paid the rent up to January 2016, the Defendant did not pay the rent from February 2016.

On June 16, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement, stating that “if the Plaintiff does not pay unpaid rents by June 24, 2016, it shall terminate the instant lease agreement.”

Nevertheless, the defendant did not pay to the plaintiff the unpaid rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on the ground of delay in rent of the Defendant, the Defendant delivered the instant real estate to the Plaintiff, and as seen earlier, from February 11, 2016 to February 11, 2016 (as seen earlier, the Defendant was paid up to January 11, 2015, and the period of commencement of the lease was paid from November 11, 2015 to February 10, 2016). As such, the instant lease agreement was obligated to return the rent or unjust enrichment equivalent to the rent in proportion to KRW 1,650,00 per month by the date on which the delivery of the instant real estate is completed.

B. The Defendant’s judgment on the Defendant’s assertion shall fulfill the Plaintiff’s duty of supplying sea water.

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