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(영문) 수원지방법원 2016.05.19 2015가단66652
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From January 26, 2016, the delivery of the above building.

Reasons

On October 208, 2008, the Plaintiff leased the building listed in the attached list (hereinafter “instant building”) to the Defendant as the lease deposit amounting to KRW 15 million, KRW 1400,000 per month, KRW 26,000 per month, and the term of lease from October 26, 2008 to October 25, 2010.

② While the above lease was renewed and maintained, the Defendant was in arrears from June 26, 2015.

(2) On December 14, 2015, the Defendant paid KRW 9.8 million to the Plaintiff on the pretext of rent, and thereafter, did not pay the rent from the date of the closing of argument in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial. (3) Since the Defendant did not pay the rent for more than two years, the Plaintiff may terminate the lease contract as it did not pay the rent for more than two years.

(See Article 4 of the Lease Agreement, Article 640 of the Civil Act, and Article 640 of the same Act. The Plaintiff’s right to terminate the lease agreement was created by failing to pay two or more times from June 26, 2015, and the right to terminate the lease agreement is not extinguished upon the Defendant fully paying the overdue loan on December 14, 2015. Since the Defendant again delays the payment of two or more vehicles from January 26, 2016 to December 26, 2016, the above overdue loan can also be grounds for termination. The fact that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of termination, was delivered to the Defendant on January 13, 2016, is apparent, and the lease agreement was lawfully terminated.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

On December 14, 2015, the Defendant’s judgment on the claim for return of unjust enrichment equivalent to rent or rent was appropriated for repayment of the amount of KRW 9.8 million from June 26 to January 25, 2016, which was the amount of KRW 9.8 million from among the unjust enrichment equivalent to the rent or rent claimed by the Plaintiff, to the amount of KRW 9.8 million from June 26 to January 25, 2015 (=1.4 million x 7 months).

Therefore, from January 26, 2016 to the completion date of delivery of the building of this case, the Defendant is equivalent to the rent of KRW 1.4 million per month to the Plaintiff.

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