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(영문) 의정부지방법원 2017.06.09 2016가단126319
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the buildings listed in the attached list, indication 1 to 9, .

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 17, 2014, the Plaintiff leased the part of item (a) of 120.83 square meters (hereinafter “de-building”) to the Defendant, among the buildings listed in the separate sheet, in sequence of each point indicated in the separate sheet No. 1 through No. 9 and No. 1 in the separate sheet, with a deposit of KRW 30 million, KRW 880,000 monthly rent (including value-added tax), and the period from November 10, 2014 to November 9, 2016.

B. Around the 28th day of each month, the Plaintiff and the Defendant agreed to pay the rent for the pertinent month. The Defendant paid on July 6, 2015 that the rent for May 2015 was the first day, and on September 30, 2015 that the rent for June 2015 was the second day, and paid on September 30, 2015 that KRW 700,000 among the rent for July 2015 was the first day, and on September 30, 2015, the Plaintiff paid KRW 180,000 among the rent for July 20, 2015 and the first day of August 7, 2015, the Defendant paid on June 24, 2016 that the rent for June 20, 2016 was the second day of arrears, and the Defendant was the second day of June 27, 2016.

C. On July 27, 2016, the Plaintiff notified the Defendant of the rejection of the renewal of the above lease by content-certified mail, and the said notification reached the Defendant around that time.

The defendant has been occupying and using the above building in a car page until now.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3, 4, 5, 7, and the purport of the whole pleading

2. According to the facts as to the main claim, the above lease contract terminated upon the expiration of its term.

Therefore, the defendant shall deliver the above building to the plaintiff, and shall pay unjust enrichment equivalent to the rent calculated at the rate of KRW 880,000 per month from November 10, 2016 to the date following the expiration date of the above lease contract.

3. With respect to a counterclaim, the defendant shall pay for the repair costs, the cost of distribution of the floor board, the cost of construction of the electric design, the cost of installation of the glass entrance and exit, and the toilet.

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