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(영문) 서울동부지방법원 2015.08.18 2014가단60454
가옥명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. As from October 17, 2014, the delivery of the above real estate.

Reasons

1. Facts of recognition;

A. On October 14, 2014, the Plaintiff agreed that the lease contract of this case may be terminated if the amount of the rent in arrears of the lessee exceeds the amount of the rent of two years, while the lease deposit is set at KRW 5 million in terms of the lease deposit, KRW 4.3 million in terms of the monthly rent (excluding KRW 30,000 in management expenses), and the period from October 17, 2014 to October 28, 2016.

B. From October 17, 2014, the Defendant delayed the payment of monthly rent, and the Plaintiff terminated the instant lease contract against the Defendant.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 3, the purport of the whole pleadings]

2. According to the above facts of recognition, the instant lease contract was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to the Defendant’s default of rent, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent and unjust enrichment equivalent to the rent and rent calculated by the ratio of KRW 460,000 per month from October 17, 2014 to the completion date of delivery of the instant building.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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