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(영문) 의정부지방법원고양지원 2016.05.12 2015가단33383
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Attached drawings among the five floors of the real estate in the attached list, shall be indicated in the attached list;

Reasons

1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 4 (including a branch number), the plaintiff, on October 15, 2013, leased real estate stated in the order to the defendant as KRW 100 million, monthly rent of KRW 6.5 million, and the lease period of KRW 24 months from October 30, 2013 to November 30, 2015, and the defendant, on November 30, 2015, delayed payment of rent of KRW 30,508,020 and management fee of KRW 6,227,580 and KRW 36,735,60, and later rent and management fee of KRW 6,60, and the fact that the defendant delayed payment of rental fee of KRW 36,735,60.

2. Determination

A. According to the above facts, the instant lease contract was terminated upon the expiration of the term.

Therefore, the defendant is obligated to deliver leased object to the plaintiff and pay the amount of unjust enrichment equivalent to the rent and rent in proportion to the rate of KRW 36,735,60, and the sum of the rent and management fee in arrears from December 1, 2015 to December 1, 2015 (including value-added tax) from December 30, 2015.

B. Meanwhile, while the Plaintiff seeking the removal of the facilities installed in the above leased object and the payment of management expenses from December 1, 2015 against the Defendant, the Plaintiff’s claim for this part of the claim is difficult to accept, given that the specific details of the facilities for which the Plaintiff seeks removal and the amount of management expenses for which the Plaintiff seeks to pay were not entirely specified.

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit.

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