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(영문) 광주지방법원 장흥지원 2017.02.08 2016가단975
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the underground floors of the buildings listed in the attached Table 1 list, each point of Attached Form 1, 2, 3, 4, and 1.

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or comprehensively taking into account the overall purport of pleadings as to the statement in Gap evidence Nos. 1 through 5 (including serial numbers), the Plaintiff entered into a lease agreement with the Defendant on July 5, 2014, stipulating that the Plaintiff shall lease the real estate listed in Paragraph 1 (hereinafter “the leased object”) owned by the Plaintiff to the Defendant by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 500,000,000,000,000 from July 5, 2014 to July 5, 2016 (hereinafter “instant lease agreement”). ② The Defendant paid the Plaintiff the lease deposit amount of KRW 1.5 million from the lease deposit on the day of the instant lease agreement, ③ the Defendant still without paying the lease deposit from October 6, 2015 to the Defendant, and each of the following facts can be acknowledged as having reached the Defendant’s termination of the lease agreement.

According to the facts found above, the instant lease agreement was lawfully terminated by the Defendant’s delivery by mail verifying the contents of the said paragraph. Therefore, the Defendant is obligated to issue an order to the Plaintiff for the leased object from January 6, 2016 to July 5, 2016 (the total amount of KRW 1.5 million deducted from the deposit that the Defendant paid to the Plaintiff during the period from October 6, 2015 to January 5, 2016) to the unpaid rent of KRW 3 million (the amount of KRW 1.5 million was deducted from the deposit that the Defendant paid to the Plaintiff (i.e., KRW 5 million) and to pay unjust enrichment at the rate of KRW 50,000 per month from July 6, 2016 to the completion date of the name of the leased object.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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