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(영문) 대전지방법원천안지원 2016.01.19 2015가단17056
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

B. 2,00,000 won and as regards this, October 21, 2015

Reasons

Comprehensively taking account of the overall purport of the pleadings as to the evidence No. 1-1-3 and evidence No. 2-2, the Plaintiff’s lease contract was renewed and continued after the termination of the lease contract, and the Plaintiff notified the Defendant of the termination of the lease contract on June 1, 2015, and on October 23, 2015, the Plaintiff filed the instant lawsuit seeking the delivery of the building and the payment of overdue rent, etc. on the ground that the lease contract was terminated. The Plaintiff received KRW 2,00,000 from the Defendant on October 23, 2015, the Plaintiff received the overdue rent from the Defendant on the ground that the lease contract was terminated.

According to the above facts, since the lease contract entered into between the plaintiff and the defendant with respect to the above building is deemed to have been lawfully terminated, the defendant is obligated to deliver the above building to the plaintiff and pay to the plaintiff 2,000,000 won with unjust enrichment equivalent to the overdue rent or rent from September 2015, and to pay damages for delay calculated at the rate of 15% per annum from October 21, 2015 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case, and the damages for delay calculated at the rate of 20,000 won per annum from October 1, 2015 to the day of complete delivery of the above building.

Therefore, the plaintiff's claim of this case against the defendant is justified and it is so decided as per Disposition.

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