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(영문) 울산지방법원 2017.09.19 2017가단1362
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

(b)payment of KRW 6,591,170;

C. January 1, 2017

Reasons

1. Facts of recognition;

A. On April 27, 2015, the Plaintiff entered into a lease agreement with the Defendant and the attached list (hereinafter “instant building”) on the condition that deposit of KRW 10 million, monthly rent of KRW 1320,000 (including additional tax), monthly rent of KRW 1320,000 (including additional tax), monthly rent of KRW 21,000, monthly rent of KRW 21, and management fees other than rent of KRW 1320,000 (hereinafter “the instant lease”).

B. On December 7, 2016, the Defendant paid 6,591,170 won (from February 7, 2015 to October 2016) to the Cbuilding Management Body for the management of the instant building, as the Defendant did not pay management expenses from February 7, 2015 to the C Building Management Body for the instant building.

C. In addition, the Defendant did not pay the monthly rent from November 2016 to the Plaintiff. Accordingly, the Plaintiff notified the Defendant of the intention to terminate the lease of this case by content-certified mail around January 12, 2017 and served the said mail to the Defendant around that time.

After filing the instant lawsuit, the Defendant paid to the Plaintiff the monthly rent from November 2016 to January 2017, 2017.

(e) the person who is the plaintiff;

As of the date of closing argument of this case, the defendant occupies the building of this case and operates miscellaneous points in the above building.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 5, each statement and image (including paper numbers) of Gap evidence 7, the purport of whole pleading

2. According to the allegations and the facts of the above recognition, the lease of this case was terminated due to the termination or expiration of the lease term due to the Defendant’s delinquency in rent.

I would like to say.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the overdue rent or unjust enrichment equivalent to the overdue rent or rent equivalent to KRW 1,320,000 per month from January 22, 2017 to the completion date of delivery of the said building, and to pay KRW 6,591,170 on behalf of the Plaintiff management expenses paid by the Plaintiff.

3. The plaintiff's claim is accepted.

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