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(영문) 서울동부지방법원 2017.11.03 2017가단10023
건물명도 등
Text

1. The Plaintiff:

A. Defendant C delivers the second floor of 159.48 square meters and 181.80 square meters of land among the buildings listed in the attached list, and B.

Reasons

1. Facts of the cause of claim;

A. On May 1, 2015, the Plaintiff leased the lease deposit of KRW 159.48 square meters and KRW 181.80 square meters on the second floor among the buildings listed in the attached list owned by the Plaintiff (hereinafter “instant building”) to Defendant B on May 1, 2015, KRW 30 million on the second floor, monthly rent of KRW 3,900,000 (including management expenses of KRW 400,000, monthly rent of KRW 1,900,000 for the second floor, and monthly rent of KRW 1,60,000 for the second floor, and the lease period of KRW 24 months until April 30, 2017, each of the above parts occupied by Defendant C is currently being used until now.

B. At present, the Defendants did not pay the monthly rent for the second floor of the instant building from February 2, 2017 to January 2017, which is the monthly rent for the second floor, and did not pay the remainder of the lease deposit to the date of payment. The remainder of the lease deposit exceeds the payment date.

C. On December 15, 2016, the Plaintiff terminated the said lease agreement with Defendant B on the ground of the unpaid lease deposit amounting to KRW 20 million on the grounds of the delayed rent for at least two months on March 7, 2017.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts, the above lease contract was lawfully terminated on the ground of the termination on the part of the Plaintiff’s body of rent, and as such, Defendant C is obligated to deliver the Plaintiff, who is the owner, the second floor of the instant building and 181.80 square meters on the second floor of 159.48 square meters, and Defendant B, from February 28, 2017 to the completion date of delivery of the part of 1,90,000 square meters on the second floor of 1,99.48 square meters, calculated at the rate of 1,90,000 won on the second floor from February 28, 2017 to the delivery date of the part of 1,60,000 square meters on the second floor, and to pay the Plaintiff with unjust enrichment equivalent to the rent or the rent calculated at the rate of 1,81.80 square meters on the above land from January 16, 2017 to the completion date of delivery.

On May 2017, the Defendants paid 20 million won in lump sum to the Plaintiff and the remainder of the lease deposit.

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