(영문) 수원지방법원평택지원 2015.06.25 2015가단1241

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(영문) 수원지방법원평택지원 2015.06.25 2015가단1241

건물명도 등

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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Attached drawings of the 492.48 square meters of the 1st floor of the building listed in the attached list.

Reasons

1. The following facts are established: (a) on September 23, 2014, the Plaintiff entered into a lease agreement with the Defendant on the following grounds: (b) No. 4, 5, 6, 9, 10, 11, 12, and 3 of the attached drawings among the 4, 5, 6, 6, 10, 12, and 3 of the 1st floor of the building indicated in the attached list; (c) on the following grounds: (d) the Plaintiff entered into the lease agreement with the Defendant on the 45,00,000 square meters of the leased property (hereinafter “the instant building portion”); (d) from November 26, 2014 to November 26, 2016; and (e) the Plaintiff entered into a lease agreement with the Defendant on the 2014th unit of the building on the 25th unit of the building; and (e) the Plaintiff did not deliver the leased property to the Defendant on the 2014th unit of the building.

According to the above facts, the lease contract of this case was terminated on January 28, 2015 on the ground that the defendant's two or more rents are overdue.

As such, the Defendant is obligated to deliver the instant building portion to the Plaintiff, and to pay the Plaintiff the sum of the overdue rent of KRW 6,00,000 and that of KRW 6,000 from November 26, 2014 to December 12, 2014, calculated at the rate of 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 12, 2015 to the date of complete payment, which is the day following the delivery of a copy of the instant complaint, and to pay the Plaintiff the interest calculated at the rate of KRW 3,00,000 per month from January 26, 205 to the day of the completion of delivery of the instant building portion due to return of unjust enrichment equivalent to rent or rent.

As to this, the Defendant was unable to use and benefit from the instant building part according to the purpose of the lease agreement, the Defendant between the Plaintiff and the Plaintiff on November 2014 and December 31, 2015.

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