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(영문) 인천지방법원 2015.03.18 2014가단69886
부동산명도등
Text

1. The defendant shall be the plaintiff.

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

Reasons

1. In light of the purport of the entire pleadings as to the evidence Nos. 1 and 2, the Plaintiff, on February 12, 2014, leased the part (a) part of the attached Form Nos. 1, 2, 3, 4, and 1 among the real estate listed in the attached Table Nos. 1, 2, 4, and 1 to the Defendant listed in the attached Table Nos. 1, 200,000,000 deposit, monthly rent, and the period until February 12, 2015. In the event that the Defendant and the Defendant did not pay monthly rent for at least two months, the Plaintiff agreed to terminate the contract (hereinafter “instant lease”). However, the Defendant did not pay monthly rent from July 12, 2014 without paying monthly rent for five months after the signing of the contract, and the Defendant did not notify the Defendant of the termination of the contract by October 17, 2014.

2. Determination:

A. According to the above facts, the instant lease agreement between the Plaintiff and the Defendant is deemed to have been lawfully terminated due to the Defendant’s nonperformance of obligation or terminated due to the termination of the said lease term, and the Defendant ordered the Plaintiff to order the instant building from July 12, 2014, as well as from July 12, 2014.

8. 11. There is a duty to pay monthly rent of KRW 200,000 per annum and unjust enrichment equivalent to the monthly rent of KRW 200,000 per annum from August 12, 2014 to the completion of the above order of surrender.

B. Meanwhile, the Plaintiff sought the payment of the monthly rent of KRW 400,000 against the Defendant in arrears. However, according to the above findings, the Defendant’s payment of the monthly rent for five months from July 11, 2014 after the instant lease agreement is recognized. Therefore, the Plaintiff’s claim for this part is without merit.

3. Thus, the plaintiff's claim of this case is above.

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