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(영문) 수원지방법원 2018.05.30 2017가단33106
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver all the first, second, and third floors of the real estate listed in the separate sheet;

B. On December 2, 2016

Reasons

1. Basic facts

A. On August 9, 2016, the Plaintiff entered into a contract with the Defendant to lease all the first, second, and third floors (hereinafter “instant real estate”) of the real estate listed in the separate sheet at KRW 200,000,000, and the term of lease from October 31, 2016 to October 30, 2018 (hereinafter “instant lease contract”).

B. The Plaintiff delivered the instant real estate to the Defendant, but the Defendant did not pay KRW 100,000,000 out of the deposit, and only monthly rent was paid once.

C. Accordingly, the Plaintiff notified the Defendant of his intention to terminate the instant lease agreement on the grounds of the Defendant’s deposit and the unpaid rent, and the Defendant received it.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 4, the purport of the whole pleadings

2. According to the above facts of determination, since the lease contract of this case was lawfully terminated by the plaintiff's termination notice, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay rent or unjust enrichment calculated by the ratio of KRW 8,800,000 per month from December 2, 2016 to the completion date of delivery of the real estate of this case.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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