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Reasons
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(영문) 수원지방법원성남지원 2017.04.05 2016가단26302
건물인도
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1. The defendant shall be the plaintiff.

(a) deliver each building listed in the separate sheet;

(b) 1.45,242,997 Won and its 38,863.

Reasons

1. Facts of recognition;

A. On May 2014, the Plaintiff and the Defendant concluded a lease contract with the terms that the Plaintiff shall lease each of the buildings listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant buildings”) to the Defendant (hereinafter “instant lease contract”) as KRW 55,00,00 for the lease deposit, KRW 5,170,00 for the rent from the first day of each month to the last day of that month, KRW 5,170,00 for the rent, KRW 50 for the last day of each month, the additional dues for the overdue payment, and KRW 5% for the rent in arrears, from June 24, 2014 to June 23, 2016 for the lease period (hereinafter “instant lease contract”). Around that time, the Defendant paid the Plaintiff KRW 55,00,000 for the lease deposit of this case.

B. However, the Defendant began to delay the payment of rent from July 2014, and on June 1, 2016, the Plaintiff paid the overdue rent and its additional dues to the Defendant until June 20, 2016, and issued a certificate of content indicating that each of the instant buildings should be restored to its original state until June 23, 2016.

C. However, the Defendant has refused to comply with the foregoing up to the date. From November 1, 2015 to June 23, 2016, the Defendant’s overdue rent of KRW 38,863,66 in total is KRW 38,86,66 (i.e., overdue rent of KRW 3,880,000 in arrears on November 2015 to May 2016 (i.e., KRW 5,170,000 in total) KRW 31,020,000 in arrears from December 2015 to May 2016 (i.e., KRW 5,170 x six months) from June 1, 2016 to June 23, 2016; hereinafter the same shall apply.

(2) The amount of unjust enrichment equivalent to the rent from June 24, 2016 to September 30, 2016 reaches a total of KRW 16,716,33 (==1,206,333 of unjust enrichment equivalent to the rent from June 24, 2016 to June 30, 2016=5,510,000 + KRW 5,170,000 + 7/30) equal to the rent from June 24, 2016 to September 30, 2016}.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement expired on June 23, 2016.

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