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(영문) 대전지방법원홍성지원 2015.11.17 2015가단6739
건물명도
Text

1. The defendant shall be the plaintiff.

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

B. As from November 30, 2014, the above real estate.

Reasons

According to the evidence evidence Nos. 1 and 3 and evidence Nos. 2-2, the Plaintiff entered into a lease agreement with the Defendant on November 26, 2013 with respect to the real estate listed in the separate sheet (hereinafter “instant store”) without a lease deposit, with respect to the lease of KRW 700,000 (payment on November 30), and the lease period from November 26, 2013 to November 26, 2016, and delivered the instant store to the Defendant. Since the Defendant was in arrears of two or more vehicles, it can be recognized that the Plaintiff sent to the Defendant a document verifying the content of the termination of the said lease agreement on the grounds of the rent, on June 29, 2015.

According to the above facts, the above lease contract was terminated on June 29, 2015 by the Plaintiff’s declaration of termination on the ground of the Defendant’s two or more occasions, and even after the termination, it appears that the Defendant gains profit equivalent to the rent, and the Plaintiff suffered damage equivalent to the same amount. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant store to the Plaintiff to restore the original state, and pay the amount of delayed rent and unjust enrichment equivalent to the rent, calculated at the rate of KRW 700,000 per month from November 30, 2014 to the date of delivery of the said store from the date following the date when the Plaintiff was paid the rent due to the delayed rent and the return of unjust enrichment equivalent to the rent.

On July 12, 2015, the Defendant, while paying the Plaintiff the amount of KRW 2,100,000,000, out of the overdue rent, agreed to settle the remainder by November 26, 2016, and accordingly, the above lease agreement remains valid.

On October 27, 2015, the Plaintiff recognized that the Plaintiff received KRW 2,100,000 from the Defendant on July 12, 2015 from the date of the second pleading on October 27, 2015, and excluded the above amount from the claim amount. However, there is no other evidence to deny the agreement of the Defendant on the claim, and there is no other evidence to acknowledge it.

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