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(영문) 서울동부지방법원 2017.11.17 2017가단9153
건물명도 등
Text

1. The defendant is against the plaintiffs:

(a) deliver 135.90 square meters of one story and 227.20 square meters of land among the real estate listed in the attached list, and deliver them.

Reasons

1. Facts of recognition;

A. On February 13, 2015, the Plaintiffs entered into a lease agreement with the Defendant with regard to KRW 20,000,000, monthly rent of KRW 4,300,000, and period of lease from February 13, 2015 to February 13, 2016 (hereinafter “instant lease agreement”). The said lease agreement was renewed once.

B. However, the Defendant did not pay a vehicle on several occasions under the instant lease agreement, and the sum of the rent unpaid as of May 3, 2017 reaches KRW 27,100,000. On May 8, 2017, the Plaintiffs notified the Defendant that the instant lease agreement will be terminated on the ground that the rent was overdue, around May 8, 2017.

C. Nevertheless, the defendant occupies and uses the real estate of this case until now.

[Grounds for Recognition: Descriptions of Evidence A (including paper numbers) and the purport of the whole pleadings]

2. According to the facts of the above recognition, since the lease contract of this case was terminated by the notice of termination of the plaintiffs, the defendant is obligated to deliver the real estate of this case to the plaintiffs as restitution, and to pay the amount calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 16, 2017 to the day of full payment, as requested by the plaintiff, as well as the refund of unjust enrichment equivalent to the overdue rent or overdue rent, from May 4, 2017 to the day of completion of delivery of the above real estate.

3. The plaintiffs' claims for conclusion are accepted on the grounds of all the reasons, and it is so decided as per Disposition.

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