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(영문) 서울동부지방법원 2015.05.13 2014가단50457
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From October 27, 2014, 9,000 won and above.

Reasons

1. Around June 5, 2013, the Plaintiff entered into a lease agreement with the Defendant on the terms of lease deposit of KRW 50 million, KRW 1500,000 (payment on June 27, 2013) and lease from June 27, 2013 to June 26, 2015 (hereinafter the instant lease agreement) with the terms of lease deposit of KRW 50,00,000, KRW 1500,000 (payment on June 27, 2013). The Defendant paid the instant building after completing the payment of deposit for lease on June 27, 2013 and received it from the Defendant, and paid only KRW 9/15 of the rent out of the total amount of 15 months until October 17, 2014, and the Plaintiff did not present the instant lease agreement to the Defendant on July 14, 2014 and did not present any dispute over the instant lease agreement to the effect that the instant building was terminated by up to 20/14 months.

According to the above facts, the instant lease agreement was terminated on August 14, 2014 due to the Plaintiff’s notice of termination on the ground of the Defendant’s delinquency in rent.

Therefore, barring any special circumstance, the Defendant is obligated to issue an order to the Plaintiff to the instant building, and pay to the Plaintiff unjust enrichment equivalent to the rent calculated by the ratio of KRW 1,500,000 per month from October 27, 2014 to the completion date, calculated by adding up the rent not paid as of October 17, 2014 and the unjust enrichment equivalent to the rent not paid as of October 17, 2014 (1,50,000 won x 15 months x 15 months x 9 months) and the Plaintiff’s claim.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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