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(영문) 대전지방법원홍성지원 2015.02.24 2014가단8943
건물명도 등
Text

1. The Defendant connects the Plaintiff with each point of entry 1, 2, 3, 4, 5, and 1 in the annexed drawings located in Hongsung-gun, Chungcheongnam-gun.

Reasons

According to Gap evidence Nos. 1 and 2, according to the purport of this Court's request for the survey, appraisal, and the entire purport of oral argument as to the Director of the Hongsung-gun Branch of the Korea Intellectual Property Corporation, the plaintiff entered into a lease contract with the defendant on January 1, 2013, which is to lease deposit money of KRW 300,00,00,000, monthly rent of KRW 150,000, monthly rent of KRW 150,000, and the lease term of KRW 2 years (hereinafter referred to as "the lease contract of this case"), on the ground that the plaintiff continued to pay rent from May 27, 2014 to the defendant the lease contract of this case on the ground that the lease contract of this case was terminated by mail, and that the contract of this case was terminated by the defendant on the ground that it had continued to pay rent from May 2014.

According to the above facts, the lease contract of this case was lawfully terminated by the plaintiff's declaration of termination on the ground that the tenant's non-performance of the obligation to pay the rent. Thus, the defendant is obligated to deliver the house of this case to the plaintiff to its original state, barring any special circumstances, and pay the amount calculated by the rate of KRW 150,000 per month due to the return of unjust enrichment equivalent to the rent due to the possession and use of the house of this case from May 2014 and from the termination of the lease contract of this case to the expiration date of delivery.

As to this, the Defendant paid the Plaintiff the rent in May 2014, and the Plaintiff paid the rent in advance to reduce the amount of KRW 100,000 when the Plaintiff paid the rent in advance. The Defendant asserted that there is no overdue rent by paying KRW 100,000 for the rent in May 20, 2014, the rent in June 7, 2014, and the rent in July 18, 2014, and by paying KRW 100,000 for the rent in July 18, 2014. However, as alleged above, the Plaintiff reduced the rent in advance.

(b).

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