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(영문) 서울중앙지방법원 2016.06.28 2015가단209659
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the five floors of the building listed in the attached list, each point of the attached Form 1, 2, 3, 4, 5, 6, 1.

Reasons

1. Facts of recognition;

A. On December 18, 2014, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 20 million, KRW 1450,00,00,000, monthly management expenses, KRW 350,000,000, monthly management expenses, and period of lease from January 1, 2015 to December 31, 2015 (hereinafter “instant lease agreement”) with the lease agreement between the Defendant and the lease agreement on the part (a) of KRW 68.58,00,000,000, which successively connected each of the items of the attached drawings among the five floors of the building listed in the attached list (hereinafter “instant lease”). The Plaintiff delivered the instant building to the Defendant.

B. The Defendant did not pay rent and management expenses (hereinafter “rent, etc.”) from May 1, 2015.

C. On December 29, 2015, a duplicate of the complaint stating that the Plaintiff terminated the instant lease agreement on the grounds of delinquency, such as two or more rents, was served on the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3 (including branch numbers, if any) and the purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the instant lease contract was terminated due to delayed payment, such as rent for at least two periods, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay a reasonable amount of unjust enrichment, such as rent, rent, etc. calculated by the ratio of KRW 1.8 million per month from May 1, 2015 to the completion date of delivery of the said building.

B. The Defendant asserts that (i) the Defendant did not use a large number of rooms due to the leakage of the instant building, and did not use the four computers and two street North Koreas, and thus, the Defendant cannot respond to the Plaintiff’s claim before receiving compensation for the said damages.

The fact that water leakage has occurred in part of the building of this case is also recognized by the plaintiff, but there is no evidence to prove that the defendant suffered damage as alleged by the plaintiff, so the defendant's above assertion will be added.

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