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(영문) 수원지방법원안산지원 2017.04.19 2016가단29609
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. As from August 10, 2015, the delivery of the said real estate.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 and 3, on December 5, 2014, the Plaintiff entered into a contract with the Defendant on the lease deposit of KRW 20 million, monthly rent of KRW 580,000,000, monthly rent of KRW 580,000, and the period from December 10, 2014 to KRW 1 year (hereinafter “instant contract”). The Defendant occupied the instant real estate in accordance with the instant contract, but the Defendant did not pay monthly rent from August 10, 2015, and there is no counter-proof.

2. According to the above facts of recognition, the instant contract was lawfully terminated due to the delivery of the complaint of this case containing the Defendant’s declaration of termination on the grounds of the Defendant’s failure to pay monthly rent for at least two months.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount of unjust enrichment equivalent to the agreed rent or the same amount of rent calculated at the rate of KRW 580,000 per month from August 10, 2015 to the completion date of delivery of the instant real estate from August 10, 2015.

Therefore, the plaintiff's claim of this case seeking its implementation is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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