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(영문) 춘천지방법원원주지원 2016.10.19 2016가단2160
건물명도등
Text

1. The defendant shall be the plaintiff.

(a)in respect of the real estate listed in the separate sheet, indication 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of the separate sheet;

Reasons

1. Basic facts

A. On November 26, 2014, the Plaintiff: (a) connected the Defendant with each point in sequence 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1 in the attached Form Nos. 1, 2, 3, 4, 6, 7, 8, 10, 10, 11, 12, and 12, among the real estate listed in the attached Form Nos. 1, 204, the Plaintiff leased the instant building to the Defendant by setting the lease term of three years, lease deposit amount of KRW 10,000,000, 6,000,000 (including additional taxes) for the rent month; (b) around that time, the instant building was handed over to the Defendant (hereinafter “instant lease”).

B. The Defendant did not pay the Plaintiff the rent from August 27, 2015 to March 26, 2016, with the unpaid rent of KRW 40,200,000 from August 27, 2015.

9. The unpaid rent until 26. (c) On March 11, 2016, the Plaintiff sent to the Defendant content-certified mail, including an expression of intent to terminate the instant lease agreement and deliver the instant building on the grounds of the delinquency in rent, and the said notice of termination reached the Defendant around that time. [The fact that there is no ground for recognition, each of the descriptions in subparagraphs A and 5, and the purport of the entire pleadings, as a whole.]

2. Determination

A. According to the above facts finding as to the cause of the claim, since the content-certified mail on March 11, 2016, which included the Plaintiff’s intention of termination on the ground of not less than two years of arrears, reached the Defendant, the instant lease contract was lawfully terminated at that time.

Therefore, barring special circumstances, the Defendant is obligated to transfer the instant building to the Plaintiff upon termination of the lease agreement and return the unpaid rent and unjust enrichment equivalent to the rent from the date of completion of delivery of the instant building to the Plaintiff.

B. The defendant's assertion is oral to allow the plaintiff to have access to and park by packaging the parking lot part as concrete at the time of the instant lease agreement.

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