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(영문) 대전지방법원 2016.02.26 2015가단36409
건물명도
Text

1. The defendant shall pay to the plaintiff KRW 11,312,903.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On August 29, 2013, the Plaintiff entered into a lease agreement with the Defendant with regard to KRW 16,50,000, and the lease deposit amounting to KRW 700,000 from October 14, 2013 to October 14, 2015 (hereinafter “instant lease agreement”).

B. In entering into the instant lease agreement, the Plaintiff and the Defendant agreed to the effect that the Plaintiff may terminate the instant lease agreement if the Defendant was in arrears for at least two vehicles, and that the Defendant was in arrears for at least two vehicles. On July 21, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground thereof.

C. On January 19, 2016, the Defendant handed over the leased building portion of the instant building to the Plaintiff. The Defendant’s unjust enrichment equivalent to the overdue rent or rent that was overdue until January 19, 2016 reaches KRW 11,312,903 [The amount in arrears until October 14, 2015 = KRW 9,100,000 from October 15, 2015 to January 19, 2016 + KRW 2,212,903 (=70,000 + KRW 35/31)]. The Defendant’s ground for recognition exists, each entry in subparagraphs 1 through 4, and the purport of the entire pleadings.

2. According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of 11,312,903 won in arrears or the amount of unjust enrichment equivalent to the rent in arrears.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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