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(영문) 수원지방법원 2019.01.30 2018가단537872
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) Of the five floors of the building listed in the separate sheet, each point is indicated in the annexed sheet 1, 2, 3, 4, 5, and 1.

Reasons

1. Facts of recognition;

A. On April 4, 2014, the Plaintiff agreed to lease deposit deposit money of KRW 5 million, monthly rent of KRW 500,000 (excluding value-added tax) and management fee of KRW 500,00,000 (excluding value-added tax) to the Defendant, which connect each point of the items of Annex 1, 2, 3, 4, 5, and 1 among the five floors of the building listed in the separate sheet, which is owned by the Plaintiff.

B. From May 2016, the Defendant is in arrears with the monthly rent until now. Accordingly, the Plaintiff cancelled the lease contract with the Defendant by serving the written complaint in this case.

The defendant continues to occupy and use the above store.

[Evidence: Evidence Nos. 1 through 7; Results of a request for appraisal by an appraiser C of this Court; All purports of oral argument]

2. According to the above facts of recognition, since the defendant's right to lease of the store of this case was extinguished, the defendant is obligated to deliver the store of this case to the plaintiff and return the unjust enrichment at the rate of KRW 50,000 per month, an amount equivalent to the rent, from May 2, 2016 to the completion of the above delivery.

3. According to the conclusion, the claim of this case is accepted as reasonable.

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