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(영문) 수원지방법원 2015.05.20 2014가단65140
건물명도
Text

1. The Defendants are to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

B. From April 5, 2015, KRW 400,00 and above.

Reasons

1. Basic facts

A. On June 3, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on each of the terms of KRW 5,00,00,000, monthly rent of KRW 300,000 (payment on June 6), and the lease period from June 5, 2010 to June 4, 2012. In fact, Defendant C agreed to reside in the instant real estate, and thereafter the instant lease agreement was explicitly renewed.

B. From the lease agreement to January 6, 2014, the Defendants paid to the Plaintiff a sum of KRW 12,480,000,000 as rent, and delayed payment. On June 11, 2012, the Plaintiff returned KRW 600,000 among them at the request of the Defendants. During that period, the Defendants paid the construction cost, etc. for the instant real estate.

C. In the event of a long-term arrears, as seen above, Defendant C promised to prepare a letter of explanation to the Plaintiff on July 11, 2014 at the Plaintiff’s request and to serve as a director by August 30, 2014. On November 3, 2014, the Plaintiff notified the Defendants of the intent to terminate the instant lease agreement on the ground of the rent delay.

[Ground of recognition] Facts without dispute, Gap 1-5's entries, the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was lawfully terminated around November 3, 2014 by the Plaintiff’s declaration of termination on the ground of the long-term default of rent by the Defendants, and thus, the Defendants are obligated to deliver the instant real estate to the Plaintiff.

Next, with respect to the claim for overdue rent and unjust enrichment equivalent to the rent in arrears, since the Defendants occupied and used the instant real estate without any authority after the lease contract of this case is terminated, they are obligated to return the amount equivalent to the profit of use to the Plaintiff as the owner, and the amount of profit in this case.

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