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(영문) 의정부지방법원고양지원 2016.10.07 2016가단11960
건물명도
Text

1. The defendant

(a) deliver all the first floor listed in the separate sheet;

(b) 17,013,640 won and January 25, 2016.

Reasons

On July 25, 2015, the Plaintiff entered into a lease agreement with the Defendant to increase the rent of KRW 100,000 to KRW 6,00,000 per month from July 25, 2015, and the rent of KRW 6,00,00 per month from January 25, 2016. According to the above lease agreement, if the lessee fails to pay rent for at least two months, the lessor may terminate the said contract. The Defendant occupied the instant real estate pursuant to the above agreement, but the Defendant delayed to pay rent from December 25, 2015; the period of rent of KRW 9,253,00,00 per month from July 25, 2015; and the unpaid amount of rent of KRW 30,00 per month from January 25, 2016 to June 3, 200; and the Defendant deemed the unpaid amount of rent of KRW 30,000 per month from June 3, 2015.

According to the above facts, the lease contract of this case was lawfully terminated on July 2, 2016, which stated the purport that the Defendant would terminate the lease contract of this case on the ground that it was in arrears for more than two months, was delivered to the Defendant.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to return unjust enrichment equivalent to the rent of KRW 6,600,000 for December 2015, calculated by the ratio of the rent of KRW 17,013,640 for each overdue electricity, water supply, elevator maintenance cost (= KRW 6,600,000 for KRW 9,253,000 for KRW 50,630,630 for KRW 560,00 for KRW 50,630 for KRW 50,630 for KRW 660,00 for each month from January 25, 2016 to the completion date of delivery of the said building.

Thus, the claim of this case is accepted on the ground of the reasons.

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