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(영문) 인천지방법원부천지원 2017.04.12 2016가단120054
건물명도
Text

1. From 65,800,000 to 65,000 won, the Defendant shall deliver the real estate listed in the separate sheet from December 1, 2016 to the completion date of delivery of the real estate.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 to 3:

On November 1, 2014, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the buildings listed in the attached list (hereinafter “instant building”) as follows:

A lessor: 200,000,000 won: 10,000 (excluding value-added tax 1,00,000) and 31th day lease period of each month: From November 1, 2014 to October 31, 2019

B. As of July 2016, the sum of the rent payable by the Defendant to the Plaintiff is KRW 90,200,000.

C. On August 8, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and the said notification reached the Defendant around that time.

2. According to the above findings of determination, the instant lease contract is deemed to have been terminated on August 8, 2016 due to the Defendant’s delay of rent. Thus, the Defendant is obliged to pay the Plaintiff the remainder of KRW 134,200,000 (the amount of overdue rent and unjust enrichment from August 1, 2016 to November 30, 2016) plus the amount calculated by deducting the Plaintiff’s share of KRW 44,00,000 (the amount of overdue rent and unjust enrichment from August 1, 2016 to November 30, 2016) from the Plaintiff’s share of KRW 10,000 (the amount of overdue rent and unjust enrichment from August 1, 2016 to the delivery of the building of this case) and the remainder of KRW 10,000 from the date of the delivery of the building of this case to November 30, 2016.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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