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(영문) 창원지방법원 통영지원 2017.02.14 2016가단4302
건물명도 등
Text

1. The defendant is against the plaintiffs:

(a) deliver six floors of the building listed in the annex list;

(b) 4,600,000 won and this shall apply thereto;

Reasons

On July 19, 2013, the Plaintiff leased six floors among the buildings listed in the separate sheet to the Defendant on July 19, 2013 by setting a deposit of 40 million won, monthly rent of 2.6 million won, and the period from October 5, 2013, and the Defendant paid 5.8 million won out of the monthly rent of 10.4 million won to June 5, 2016, and did not pay the remainder of 4.6 million won. The Defendant did not pay the rent from July 2016; the fact that the Defendant currently occupies the leased object does not conflict between the parties, or that the Defendant did not state the overall purport of oral proceedings in evidence A1 through 4.

According to the above facts, it is evident that the above lease contract has been terminated due to the expiration of the period of termination (it is possible to terminate the lease on the ground of the delay of rent for at least three years by the defendant), and the defendant remains unpaid and continuously occupies the leased object, thereby gaining unjust enrichment equivalent to the rent.

Therefore, the defendant is obligated to deliver the leased object to the plaintiff and pay the overdue rent and unjust enrichment equivalent to the rent in arrears.

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