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(영문) 수원지방법원성남지원 2015.11.19 2015가단19109
건물인도
Text

1. The defendant

(a) deliver the buildings listed in the annex;

B. 6,284,560 won and its related thereto, August 2, 2015

Reasons

1. Facts of recognition;

A. On November 8, 2014, the Plaintiff: (a) leased the instant building to the Defendant at KRW 10,000,000; (b) the lease period from November 14, 2014 to November 13, 2015; and (c) the monthly rent at KRW 680,000.

B. The Defendant paid a monthly rent only once when occupying and using the instant building, and the unpaid rent, etc. as of June 13, 2015 is the sum of KRW 6,284,560 (=2,204,560 management fee of KRW 4,080 for rent).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination and conclusion, the instant lease agreement was terminated upon delivery to the Defendant of a duplicate of the instant complaint containing the Defendant’s declaration of termination on the ground of the Defendant’s delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the aforementioned KRW 6,284,560 as well as damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 2, 2015 to the date of complete payment, following the day of delivery of a copy of the instant complaint, to the day of complete payment, and ③ to pay the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 680,00 per month from June 14, 2015 to the day of delivery of the instant building.

The plaintiff's claim is justified and accepted.

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