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(영문) 의정부지방법원 고양지원 2018.08.08 2018가단2793
건물명도 등
Text

1. The defendant delivers each building listed in the separate sheet to the plaintiff, and each of the buildings listed in the separate sheet from December 11, 2015, shall be listed in the separate sheet.

Reasons

According to the purport of each of the statements and arguments in Gap evidence 1, 4, and evidence Nos. 2 and 3-1, and 2, on November 12, 2015, the plaintiff leased each of the buildings listed in the separate sheet to the defendant as KRW 60 million, monthly rent of KRW 2.5 million, and the period from December 11, 2015 to December 10, 2017. Since the building was occupied in the above building on December 11, 2015, the defendant was occupied, used, and was not paid at all until now, and on July 1, 2017, the plaintiff notified the defendant of the termination of the lease agreement on the grounds of the delayed rent that the defendant continued to pay the rent to the defendant on July 1, 2017, and it cannot be acknowledged that the lease agreement was terminated as a half-proof of the content that the lease agreement was terminated on November 10, 2017.

According to the above facts, the lease agreement entered into between the Plaintiff and the Defendant was lawfully terminated due to overdue rent as of November 10, 2017, and the Defendant was not paid at all from December 11, 2015 to December 11, 2015, while occupying and using each building listed in the separate sheet. As such, the Defendant is obligated to deliver each building listed in the separate sheet to the Plaintiff and pay KRW 200,000 per month as claimed by the Plaintiff within the scope of unjust enrichment equivalent to the rent or rent from December 11, 2015 to the completion date of delivery of each building listed in the separate sheet.

The plaintiff's claim is justified, and it is so decided as per Disposition.

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