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(영문) 광주지방법원순천지원 2020.02.11 2019가단2661
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point of Annex A, B, C, D, and A is indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On January 31, 2018, the Plaintiff, among the buildings listed in the attached Table list, leased the said building at KRW 2,00,000, KRW 300,000 per month, to the owner of a portion of 36 square meters in the ship connecting each point of the attached Table No. 1, B, C, D, and A (hereinafter “instant building”); and on January 31, 2018, the Plaintiff determined and leased the said building to the Defendant as KRW 2,00

(hereinafter “instant lease agreement”). B.

From June 30, 2018, the Defendant did not pay the Plaintiff the rent. Accordingly, on March 6, 2019, the Plaintiff sent to the Defendant a certificate of the content that the instant lease contract is terminated on the grounds of the unpaid rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the instant lease contract was terminated by the Plaintiff’s declaration of intent to cancel the instant lease contract as stated in the certificate of content as of March 6, 2019, and the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the unpaid rent or unjust enrichment, calculated at the rate of KRW 300,000,000, which is the monthly rent from June 30, 2018 to the completion date of delivery of the said building.

As to this, the defendant suffered damage due to embezzlement of B, the spouse of the plaintiff, B, due to the impossibility of using the building of this case.

Although the defendant asserts that he was threatened or threatened by the plaintiff, there is no evidence to acknowledge it, the defendant's above assertion cannot be accepted.

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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