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(영문) 수원지방법원성남지원 2016.04.20 2015가단36746
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

B. From July 29, 2015, the foregoing paragraph (a) is described.

Reasons

1. Facts of recognition;

A. On May 29, 2003, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on the attached list (hereinafter “instant building”) with regard to the lease deposit amounting to KRW 9,00,000,000, and the lease term from June 29, 2003 to June 29, 2005 (hereinafter “instant lease agreement”). On June 29, 2003, the Plaintiff transferred the instant building to the Defendant on June 29, 2003.

B. The instant lease agreement between the Plaintiff and the Defendant was renewed under the same condition.

From July 2015, the Defendant did not pay the Plaintiff the rent under the instant lease agreement. Accordingly, on November 27, 2015, the Plaintiff drafted a written notification stating that the Defendant would terminate the instant lease agreement by failing to pay the rent for at least three months, and the said written notification was sent by content-certified mail on December 2, 2015.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleading, and purport of whole pleading

2. According to the above facts of determination, the instant lease agreement is deemed to have been terminated on February 1, 2016, where the date on which the Plaintiff asserted the termination of the instant lease agreement and the delivery date of a copy of the complaint claiming the delivery of the instant building was clearly recorded, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff on the ground of the termination date of the instant lease agreement, and to pay to the Plaintiff the unpaid rent and unjust enrichment equivalent to the amount of KRW 900,000 per month from July 29, 2015 to the date on which the delivery is completed.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition by admitting all of the claims.

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