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(영문) 서울중앙지방법원 2015.10.29 2015가단5088222
건물인도등
Text

1. The defendant shall be the plaintiff.

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

B. From April 22, 2015 to the above delivery date.

Reasons

1. Facts of recognition;

A. On March 15, 2013, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant by setting the deposit of KRW 10 million, monthly rent of KRW 580,000 (prepaid on March 22, 2013), and the lease period from March 22, 2013 to March 21, 2015.

B. By March 22, 2015, the Defendant paid only the monthly rent for seven months until March 22, 2015, and did not pay the monthly rent for eighteen months.

[Ground of recognition] Facts without dispute, Gap 1 through 4 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the Defendant, a lessee, has failed to pay the rent on at least two occasions, the instant lease contract was terminated on April 29, 2015, which was served on the Defendant by the Plaintiff, who expressed his/her intent to terminate the lease contract.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay 580,000 won per month from April 22, 2015 to April 29, 2015, which is the termination date of the lease contract, to the Plaintiff, and from the next day to the delivery date of the building, to the unjust enrichment for the use of the building without title.

On June 2014, the Defendant asserted that the instant lease agreement with the Plaintiff was concluded between KRW 300,000 and KRW 500,000,000 per month and the contract period from June 2014 to June 2016, but there is no evidence to acknowledge it.

3. The decision is delivered with the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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