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(영문) 의정부지방법원고양지원 2015.09.11 2015가단3283
건물명도
Text

1. The defendant shall be the plaintiff.

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

B. From November 1, 2014, 500 won and above.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1 and evidence 2-1 through 3, the plaintiff entered into a lease agreement with the defendant on January 1, 2014 with respect to the building listed in the separate sheet (hereinafter "the building of this case") with a deposit of KRW 10 million, KRW 2.5 million, monthly rent of KRW 2.5 million (excluding value-added tax), and the period from June 2, 2014 to May 30, 2016 (hereinafter "the contract of this case"). The defendant was found to have received the building of this case around June 2, 2014, and it was found that the defendant did not pay monthly rent from August 2, 2014, and the contract of this case was lawfully delivered to the defendant on March 31, 2015 upon the delivery of the building of this case and the modification of the purport of the claim and the reason for termination of the contract of this case on the ground of two or more years of delay.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff a sum of KRW 5,500,000,000 for the unpaid monthly rent from November 1, 2014 to October 30, 2014 and the amount of unjust enrichment equivalent to KRW 2,750,000 for each month from November 1, 2014 to the completion of the delivery of the instant building.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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