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(영문) 수원지방법원안산지원 2016.07.12 2016가단2406
건물인도등
Text

1. The defendant shall be the plaintiff.

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

B. 18,800,000 won and January 8, 2016

Reasons

1. Facts of recognition;

A. On June 20, 2007, the Plaintiff leased a building listed in the attached list (hereinafter “instant building”) to the Defendant with a deposit of KRW 10,000,000, monthly rent of KRW 700,000, and a lease period of KRW 700,000 from July 8, 2007 to July 7, 2008, where the Defendant did not pay a rent to the Defendant for a period of two consecutive years, the Plaintiff provided that the Plaintiff may terminate the instant lease contract (hereinafter “instant lease”).

The Defendant paid only KRW 5,00,000 to the Plaintiff as the deposit for the instant lease agreement, and the Plaintiff and the Defendant have implicitly renewed the instant lease agreement.

The defendant is residing in the building of this case until now.

B. On or after March 8, 2013, the Defendant did not pay the Plaintiff the rent under the instant lease agreement. The rent that the Plaintiff had not received from the Defendant is KRW 18,800,000 (unpaid rent KRW 23,800,000 - deposit paid by the Defendant).

C. The Defendant notified the Plaintiff of the termination of the instant lease agreement by serving the duplicate of the complaint of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2, purport of the whole pleadings

2. According to the above facts of determination, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver the building of this case to the plaintiff and pay the rent or unjust enrichment calculated at the rate of KRW 700,000 per month from January 8, 2016 to the completion date of delivery of the building of this case.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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