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(영문) 춘천지방법원원주지원 2015.04.08 2014가단7314
건물명도 등
Text

1. The defendant shall receive KRW 5,000,000 from the plaintiff, and at the same time, shall be the building stated in the attached Table to the plaintiff.

Reasons

Comprehensively taking account of the facts in Gap evidence Nos. 1 through 4 and the purport of the entire pleadings, the plaintiff leased the building entered in the order (hereinafter referred to as "the building of this case") to the defendant on November 8, 2013, with a deposit of KRW 5,00,000, monthly rent of KRW 350,000, and the lease term of November 19, 2013 through November 19, 2015. The plaintiff received the deposit money and delivered the building of this case to the defendant around that time. However, the defendant did not pay a rent after March 20, 2014, and the plaintiff declared that the lease contract of this case is terminated on the grounds of rent of more than two years.

According to the above facts, since the above lease contract was lawfully terminated due to more than two years of delay, the defendant is obligated to receive deposit of KRW 5,000,000 from the plaintiff and deliver the building in this case to the plaintiff at the same time, and to pay the amount of unjust enrichment equivalent to the rent or rent calculated at the rate of KRW 350,000 per month from March 20, 2014 to the completion date of delivery of the building in this case, the plaintiff's claim is justified.

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