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(영문) 의정부지방법원고양지원 2015.08.27 2015가단5302
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) connect each point of the real estate listed in Appendix 1, which is listed in Appendix 1, 1, 2, 6, 5, and 1.

Reasons

Facts of recognition

On March 10, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting a deposit of KRW 1,00,000, monthly rent of KRW 130,000 (payment on January 10, 20) with respect to the portion of KRW 12,00 square meters in the attached Form No. 1,2,6,5, and 12,000 (hereinafter “instant housing”).

The real estate stated in the attached Table 1 is a multi-family house with three households, including the defendant, and the electric measuring instruments are installed for each household on March 2015 and the electric measuring instruments are imposed in the name of the plaintiff up to the previous date, the real estate is settled by dividing it by one-third in proportion to the number of households, and one-third in proportion to the amount of the electricity charges imposed by the plaintiff.

From November 2014, the Defendant delayed the payment of the rent and the electricity fee under the instant lease agreement, and on January 20, 2015, the Plaintiff sent to the Defendant a certificate indicating his intention to terminate the instant lease agreement on the grounds of delinquency in payment of rent for more than two years, and reached the Defendant around that time.

[Ground of recognition] A without any dispute, and each entry in Gap evidence 1 through 4 may be acknowledged by taking into account the whole purport of the pleading.

According to the facts of recognition of the part on the delivery of the instant building and the claim for unjust enrichment equivalent to the rent, the instant lease contract was lawfully terminated on or around January 20, 2015, according to the Plaintiff’s notice of termination on the ground of arrears for at least two years from the Defendant, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay to the Plaintiff the rent of KRW 1,170,000 (==130,000 x nine months from November 10, 2014 to August 9, 2015) and the amount equivalent to the rent of KRW 130,000 calculated at the rate of KRW 130,00 per month from August 10, 2015 to the completion date of delivery of the instant house.

The plaintiff shall enter the portion of the electricity fee in the attached Form in the electricity fee which is charged with the defendant.

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