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(영문) 수원지방법원여주지원 2017.11.29 2017가단53250
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) in sequence 1, 2, 3, 4, and 1 of the building indicated in the separate sheet, and of the separate sheet.

Reasons

1. Basic facts

A. On October 31, 2015, the Plaintiff entered into a lease agreement with the Defendant on a deposit deposit of KRW 30 million, monthly rent of KRW 4070,000 (including value-added tax), and the lease period of the instant building between October 31, 2015 and October 30, 2017, and leased the instant building to the Defendant.

(hereinafter referred to as "the instant lease agreement". (b)

By April 2017, the Defendant delayed payment of the rent for seven months, and the Plaintiff notified the Defendant of April 13, 2017 that the instant lease agreement will be terminated, and the said notification reached the Defendant on the following day.

C. Until the date of the closing of argument in the instant case, the Defendant occupied and used the instant building, and the sum of the rent paid by the Defendant to the Plaintiff during the term of lease in the instant case is KRW 4,878,00.

[Ground of recognition] Facts without dispute, Gap's entries or videos, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated on April 14, 2017 according to the Plaintiff’s declaration of termination on the ground of the failure to pay rent for at least two years, and barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstance.

In addition, since the defendant continues to occupy and use the building of this case even after the lease contract of this case is terminated, he is obliged to pay the plaintiff overdue rent and unjust enrichment until he delivers the building of this case.

Furthermore, with respect to the amount of rent and unjust enrichment, benefits arising from ordinary use of and benefit from real estate shall be the amount equivalent to the rent of real estate, and the plaintiff shall be paid for 22 months from October 31, 2015 to August 31, 2017, which is the beginning date of the term of lease in this case, from October 31, 2015 to August 31, 2017. However, this seems to be a mistake in calculation.

The rents and rents for the period.

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