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(영문) 수원지방법원 2016.03.09 2015가단33645
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the two floors of the real estate listed in the separate sheet, the indication of the annexed sheet 11, 8, 9, 10, 11.

Reasons

1. Facts of recognition;

A. On April 14, 2014, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with regard to KRW 3 million in deposit, KRW 3 million in monthly rent (excluding value-added tax, KRW 14,000 in advance on April 14, 2014), management expenses, and KRW 30,000 in April 14, 2014, among the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”), and the Defendant occupied and used the instant real estate upon delivery around that time.

B. However, from April 14, 2014 to June 13, 2015, the monthly rent for 14 months is KRW 5,40,000 in total (i.e., KRW 4., value-added tax of KRW 4,200,000 in monthly rent (i.e., KRW 4,200,00 in KRW 4,220,000 in KRW 4.20,00 in monthly rent). The Defendant’s monthly rent, etc. is KRW 5,594,00 in July 24, 2014; KRW 720,00 in March 7, 2015; KRW 30,000 in January 30

3. 31.450,000 won, and the same year.

5. December 5, 198, a total of KRW 2,564,000,000, which was not paid thereafter.

C. On June 15, 2015, the Plaintiff sent to the Defendant’s internal director a certificate that the instant lease contract is terminated on the grounds of the foregoing delinquency in rent. The above content certification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap 1-3's entries, the purport of the whole pleadings

2. According to the allegations and the facts of the above finding, the lease contract of this case shall be deemed legally terminated around June 15, 2015 upon the Plaintiff’s declaration of termination on the ground that the Defendant had failed to pay the rent of at least two different periods. Moreover, the Plaintiff is a sum of KRW 2,564,00,000, including the monthly rent, etc. that the Defendant has already paid, and both was appropriated for the monthly rent, etc. accrued from April 14, 2014 to December 5, 2014, and the Plaintiff seeks unjust enrichment of an amount equivalent to KRW 330,000,000,000, calculated at the rate of KRW 6, December 2014 to December 6, 2014 to the date the delivery of the said real estate is completed, while the Plaintiff seeks unjust enrichment from the above unjust enrichment to the Defendant, as well as the Defendant.

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