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(영문) 광주지방법원 2017.04.25 2016가단37032
건물명도 등
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and the said real estate from August 7, 2016.

Reasons

1. Facts recognized;

A. On May 7, 2016, between the Plaintiff and the Defendant, the lease contract was concluded between the Plaintiff and the Defendant for KRW 2,00,00,000 for the lease deposit, KRW 450,00 for the monthly rent (limited to May 2016, and only KRW 3,000,000 for the lease deposit, KRW 430,00 for the monthly rent from May 6, 2016, which was the following month. However, the Defendant paid KRW 2,00,000 for the lease deposit, and the lease contract was concluded as of May 6, 2017 (hereinafter “instant lease contract”).

B. The Defendant did not pay the monthly rent from August 7, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. The instant lease agreement was terminated on December 9, 2016, which was served on the Defendant at the latest pursuant to the Plaintiff’s exercise of the Plaintiff’s right to terminate the lease, on the grounds that the Defendant was in arrears with two or more months of arrears.

B. Therefore, the Defendant is obligated to deliver to the Plaintiff the real estate indicated in the separate sheet, and to pay the overdue rent or unjust enrichment calculated at the rate of KRW 450,000 per month from August 7, 2016 to the completion date of delivery of the said real estate.

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