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(영문) 광주지방법원 2016.11.17 2016가단26902
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) 1,020 square meters of land for stock farm in Jeonyang-gun, Jeonyang-gun, and 1,020 square meters of above ground, and the panel roof of a lightweight structure.

Reasons

1. Facts of recognition;

A. On April 30, 2015, the Plaintiff leased the land and buildings indicated in the order to the Defendant KRW 6,400,000, monthly rent KRW 700,000 from April 30, 2015 to April 29, 2017.

B. The Plaintiff was paid KRW 600,000 on May 15, 2015, and KRW 1,000,000 on October 11, 2016 as rent from the Defendant.

C. Meanwhile, on the other hand, on July 15, 2016, the Plaintiff’s application for modification of the purport of the instant lease, stating that the said lease contract is terminated on the grounds of the Defendant’s delay of rent, was served on the Defendant.

【Ground of recognition】 The fact that there is no dispute, obvious fact in records, Gap 1, 3, 5, Eul 1, the purport of the whole pleadings

2. According to the facts of the above recognition, the above lease was lawfully terminated due to the Defendant’s delinquency in paying for not less than three months the rent.

As such, the defendant delivers the above real estate to the plaintiff, and from April 30, 2015, the same year.

7. From July 30, 2015 to July 30, 2015, 200 won (i.e., KRW 700,000 x 3) out of the rent of KRW 1,600,000 (i.e., KRW 600,000 x 1,000,000) paid during the three-month period from the date of delivery of each of the above real estate, the obligation to pay the amount equivalent to KRW 700,000 per month as the rent or unjust enrichment equivalent to the rent or rent from July 30, 2015 to the date of delivery of each of the above real estate.

3. According to the conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are without merit.

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