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(영문) 수원지방법원성남지원 2017.05.17 2016가단24788
건물인도
Text

1. The defendant shall be the plaintiff.

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

B. From April 18, 2017, KRW 1,050,00 and the above.

Reasons

1. Facts of recognition;

A. On October 16, 2015, the Defendant entered into a lease agreement with the Plaintiff to lease the building listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) with the lease deposit of KRW 10,000,000, monthly rent of KRW 1,050,000, monthly rent of KRW 180,000, monthly rent of KRW 180,000, and from October 18, 2015 to October 18, 2016 (hereinafter “instant lease agreement”).

B. Under the instant lease agreement, the Defendant paid the instant lease deposit to the Plaintiff, and the Plaintiff delivered the instant building to the Defendant.

C. However, on June 18, 2016, the Defendant began to delay 450,000 won out of the instant rent, and at least 2 years delayed. D.

Accordingly, on October 5, 2016 and October 2, 2016, the Plaintiff: (a) concluded the instant lease agreement with the Defendant on two or more occasions on the grounds that the instant lease was terminated due to the delinquency in payment of two or more times; (b) the Plaintiff’s proof of the content that “the instant building was returned by October 18, 2016”; and (c)” refers to each proof of the content of the instant case.

A) Around that time, each of the instant certifications was sent to the Defendant. (e) At that time, the Defendant paid the Plaintiff the Plaintiff the amount of unjust enrichment equivalent to the instant rent or rent, which is KRW 1,50,000,000 on October 18, 2016, KRW 3,150,000 on February 7, 2017, KRW 3,150,000 on March 10, 2017, KRW 8,850,000 on the aggregate of KRW 1,50,000 on April 5, 2017, KRW 3,150,000 on KRW 3,150,000 on KRW 3,150,000 on KRW 1,50,00 on KRW 150,00 on KRW 150,00 on KRW 150,00 on KRW 1,50,050 on each of subparagraphs 1 through 37, and 500.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the lease contract of this case was lawfully terminated at the time of delivery of each of the contents of this case, which stated the plaintiff's declaration of termination of the lease contract on the ground of the defendant's two or more grounds of delinquency in rent, to the defendant.

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