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(영문) 의정부지방법원고양지원 2016.10.28 2016가단16026
건물인도 등
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and the KRW 20,400,000 and the above from July 1, 2016.

Reasons

1. On March 1, 2011, the Plaintiff entered into a lease agreement between the Defendant and the Defendant to lease the real estate listed in the separate sheet as KRW 2,00,000,000, monthly rent, and KRW 1,00,000, respectively, from March 1, 2011 to May 1, 201, and thereafter the rent was changed to KRW 850,000.

The Defendant did not pay the rent from July 1, 2014. Accordingly, the Plaintiff paid the overdue rent on February 5, 2015 and February 19, 2016 within February 29, 2016, and issued a certificate to the effect that the instant lease contract is terminated if it is not performed within the said period. The Defendant received the service.

[Grounds for Recognition] deemed confession (the main sentence of Article 150 (3) of the Civil Procedure Act)

2. According to the above facts, since the above lease contract was lawfully terminated by the Plaintiff’s declaration of intention on the ground of delinquency in rent, the Defendant delivers the building indicated in the attached list to the Plaintiff, and the Defendant is obligated to return to the Plaintiff the overdue charge or unjust enrichment of KRW 20,400,00 (=850,000 x 24 months) from July 1, 2016 to June 30, 2016 and the unjust enrichment of KRW 850,000 per month from July 1, 2016 to the completion date of delivery of the above building. Thus, the instant claim in this case is justified.

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