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(영문) 수원지방법원성남지원 2015.11.26 2015가단15886
건물인도 등
Text

1. The defendant

(a) deliver the buildings listed in the annex;

B. From September 9, 2014 to January 8, 2015, KRW 4 million per month.

Reasons

On August 9, 2013, the Plaintiff leased the instant building to the Defendant by setting the lease deposit amounting to KRW 50 million, monthly rent of KRW 4 million, and the lease period from August 9, 2013 to August 8, 2015.

Since then, the defendant only paid the rent by September 8, 2014, but did not pay the rent thereafter.

Meanwhile, after January 9, 2015, the Plaintiff reduced the monthly rent of KRW 3.5 million at the Defendant’s request.

The instant lease agreement was terminated upon delivery to the Defendant of a duplicate of the instant complaint containing the Plaintiff’s declaration of termination on the grounds of the Defendant’s delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the rent of KRW 4 million per month from September 9, 2014 to January 8, 2015, and the rent of KRW 3.5 million per month from the next day to the delivery date of the said building, or to pay the corresponding amount of unjust enrichment.

The plaintiff's claim is justified and accepted.

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