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(영문) 청주지방법원 2015.05.27 2014가단24235
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the 94.76 square meters of the 1st floor of the building listed in the attached Table list, each indication of drawings in the attached Table 2, 3, 7, 6, and 2.

Reasons

1. On October 30, 2013, the Plaintiff leased the above store to the Defendant by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 600,000, and the lease period of two years.

In arrears with monthly rent from August 1, 2014, the Defendant paid 1.2 million won on or around December 2014, but did not pay the remainder of the monthly rent.

On December 10, 2014, the Plaintiff sent to the Defendant a certificate of content that the lease contract is terminated on the grounds that the monthly rent is unpaid, and the following day was served on the Defendant.

[Reasons for Recognition] 1, 2, and 4

2. If so, the above lease contract was lawfully terminated, and the defendant is obligated to deliver the above store to the plaintiff.

In addition, in addition to the rent appropriated by the Defendant for the payment of KRW 1.2 million until September 30, 2014, the Defendant pays the Plaintiff the unpaid rent or unjust enrichment due to the Defendant’s possession or use of the said store. As such, the Defendant is obliged to pay the Plaintiff the amount at the rate of KRW 600,000 per month from October 1, 2014 to the completion date of delivery of the said store.

The defendant asserts to the effect that the plaintiff should preserve the above store or guarantee the remaining lease term, because he has paid the expenses to the lessee before he rents the above store. However, there is no ground to recognize this.

3. The plaintiff's claim is accepted on the grounds of conclusion or higher.

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