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(영문) 서울서부지방법원 2016.04.27 2016가단200845
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Appendix 1, 2, 3, 4 and 1, among the real estate listed in the separate sheet, shall be as follows:

Reasons

1. Determination as to the cause of claim

A. 1) On July 28, 2014, the Plaintiff filed an order with the Defendant on July 28, 2014 (hereinafter “instant building”).

) A deposit is KRW 5 million, monthly rent is KRW 400,000,000, and the period is from August 18, 2014, and the instant building was handed over to the Defendant on August 18, 2012. (2) The Defendant paid only the rent to the Plaintiff by March 17, 2015, and thereafter did not pay the rent up to the date of the closure of the instant pleadings.

3) Accordingly, the Plaintiff expressed his/her intent to terminate the said lease agreement on the grounds of the Defendant’s delinquency in payment of two or more rents, and the duplicate of the complaint of the instant case on January 27, 2016, in which the said declaration of intent was stated, was served on the Defendant on January 27, 2016.

B. According to the above facts of recognition, the above lease contract was lawfully terminated and terminated on the ground of unpaid rent. Thus, the defendant is obligated to deliver the building of this case to the plaintiff and pay the plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 400,000 per month from March 18, 2015 to the completion date of delivery of the building of this case.

2. The Defendant’s assertion argues that the Defendant leased the instant building to the real estate brokerage office and marriage information office, and that it cannot be used as the real estate brokerage office because it is impossible to change the purpose of use of the instant building due to the impossibility of changing the purpose of use of the instant building, and rather, the Plaintiff should compensate for the Defendant’s business loss.

In light of the following facts: (a) there is no dispute between the parties to the instant building that it is impossible to change the purpose of use of the instant building; and (b) according to the evidence Nos. 2 and No. 1, the lessee (the Defendant) may acknowledge the fact that the said lease was concluded on the condition that “the lessee (the Defendant) uses the instant building as a real estate marriage information office.”

However, A.

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