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(영문) 인천지방법원 2015.04.22 2014가단78897
건물명도등
Text

1. The Plaintiff:

A. Defendant B shall issue an order to the real estate indicated in the attached list, and the above order from February 18, 2014.

Reasons

On March 25, 2013, the Plaintiff entered into a lease agreement with Defendant B to pay 20 million won for rental deposit, from April 18, 2013 to April 17, 2015, and from April 18, 2015, monthly rent of KRW 80,000,000 (hereinafter “instant lease agreement”) as of the real estate listed in the separate sheet (hereinafter “instant apartment”), and the same year.

4. On October 14, 2014, the apartment of this case was delivered to Defendant B, and B did not pay monthly rent from February 18, 2014. Accordingly, the Plaintiff urged Defendant B to pay the rent in arrears, and even thereafter, Defendant B did not pay the rent in arrears, the mail sent on November 25 of the same year to the effect that the lease contract of this case was terminated, and the mail was delivered to the Defendants around that time, and the fact that Defendant C occupied the apartment of this case as the husband of the Defendant B is neither disputed between the parties, nor can it be recognized based on the evidence Nos. 1 and 2, evidence Nos. 3-1 and 2.

According to the above facts, since the instant lease contract was lawfully terminated on or around November 25, 2014 due to Defendant B’s nonperformance, Defendant B is obligated to order the instant apartment, and return to the Plaintiff the overdue rent or unjust enrichment equivalent to the overdue rent of KRW 800,000 per month from February 18, 2014 to the completion date of the above order, and Defendant C is obligated to move to the instant apartment without any legal cause, as long as the instant lease contract was lawfully terminated.

The plaintiff's assertion is justified.

Therefore, the plaintiff's claim of this case shall be accepted for all reasons and it is so decided as per Disposition.

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