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(영문) 수원지방법원 2017.09.05 2017가단13256
건물명도등
Text

1. The defendant

(a) deliver the buildings listed in the separate sheet;

(b)payment of 13,860,000 won;

C. April 2017

Reasons

1. The Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff on September 23, 2015, stipulating that the building listed in the separate sheet (hereinafter “instant building”) from the Plaintiff is KRW 30 million, KRW 2.1 million, KRW 2,100,000 (in addition to value-added tax, the end of each month), and the lease term from September 30, 2015 to September 30, 2017 (hereinafter “the instant lease agreement”). The Defendant did not pay the Plaintiff the rent of KRW 1,386,00,00 for six months, among the rent to be paid by the Plaintiff by March 31, 2017; the Plaintiff requested the Defendant to pay the rent unpaid on several occasions; however, the Plaintiff did not pay it to the Defendant on April 10, 2017; or the Plaintiff did not provide the Defendant with a notice of termination of the instant lease agreement as a whole, or did not present the purport of the agreement between the parties.

2. According to the facts found above, the instant lease agreement was lawfully terminated on the ground that the Defendant did not pay rent.

As such, the Defendant is obligated to deliver the instant building to the Plaintiff, pay the unpaid rent of KRW 13.86 million, and pay the Plaintiff with unjust enrichment equivalent to the rent at a rate of KRW 23.10,00 per month from April 30, 2017 to the completion date of delivery of the instant building.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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