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(영문) 수원지방법원평택지원 2019.01.10 2018가단62247
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. 25,339,285 Won and 17,089

Reasons

1. Basic facts

A. On November 23, 2017, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant store”) with KRW 40,00,000, and KRW 2,500,000 (excluding value-added tax, and the first day of each month) (hereinafter “instant lease agreement”).

A lease contract modified in the first lease agreement;

B. According to the instant lease agreement, the Plaintiff decided to deliver the instant building to the Defendant by October 23, 2017, and stipulated that “The rent shall be exempted for three months (from January 22, 2018)” as a special agreement.

C. On April 24, 2018, the Defendant paid only the monthly rent of KRW 2,750,00 (including additional taxes) to the Plaintiff, and delayed the payment of the remainder. On August 22, 2018, the Plaintiff would pay the Defendant the sum of the unpaid rent of KRW 14,548,386 to the Defendant by August 29, 2018.

By August 31, 2018, I peremptory notice that the instant lease contract will be terminated at the time of payment not later than August 31, 2018.

The content-certified mail was sent to the defendant at that time, and was served to the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5, the purport of the whole pleadings

2. According to the facts of determination as to the cause of the claim, the instant lease contract was lawfully terminated on August 31, 2018 by the Plaintiff’s declaration of termination, and thus, the Defendant delivers the instant store to the Plaintiff. The Defendant is a rent or unjust enrichment equivalent thereto; ① the rent which was unpaid from February 23, 2018 to August 31, 2018; ② KRW 17,089,285 (=589,285 won from February 23, 2018 to February 23, 2018 to February 28, 2018 to KRW 589,285 won (= KRW 2,750,000 x KRW 6/28,00 x below KRW 30,500 x KRW 208,308 x 205 x 208 x 308 x 18,518 x 206.18

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