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(영문) 춘천지방법원 2016.10.26 2016가단52244
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver 146.52 square meters of the first floor among attached real estate;

(b) 7,200,000 won and this shall apply thereto;

Reasons

1. On April 9, 2015, the Plaintiff leased the lease deposit of KRW 20,00,000, monthly rent of KRW 1,200,000 (payment on May 9, 2015), and the lease term from May 9, 2015 to May 9, 2017, with the Defendant’s delayed payment of KRW 7,20,00,000 in total from November 9, 2015 to May 8, 2016 and did not pay the subsequent rent. Accordingly, the Plaintiff’s delivery of the copy of the complaint of this case, by asserting that the lease contract was terminated on the ground that it was unpaid on the ground that it was not paid. As such, the Defendant does not assert any dispute over the delivery of the instant real estate, rent, arrears, or unjust enrichment (or unjust enrichment).

2. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay unjust enrichment equivalent to the rent calculated by applying the ratio of KRW 1,200,000 per month from May 9, 2016 to the completion date of delivery of the said real estate from May 9, 2016, which is the day following the date of calculation of overdue rent of KRW 7,200,000, and overdue

3. If so, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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