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(영문) 대전지방법원 논산지원 2018.11.29 2018가단1301
건물명도
Text

1. The defendant delivers the building indicated in the attached list to the plaintiff, and the defendant's as to the above building from December 4, 2017.

Reasons

Description of Claim

On September 3, 2017, the Plaintiff leased a building listed in the separate sheet (hereinafter “instant building”) owned by the Plaintiff to the Defendant as of KRW 1 million, KRW 120,000 per month, KRW 120,000 per month (payment on September 4), and September 3, 2018. On September 3, 2018, the Plaintiff concluded a special agreement that the lessor may terminate the lease contract if the lessee has defaulted for more than two years.

(hereinafter “instant lease agreement”). The Defendant did not pay the rent from December 4, 2017, and the Plaintiff notified the termination of the instant lease agreement as of May 3, 2018 on the ground of the Defendant’s delay of rent on April 4, 2018, and the notification was issued to the Defendant.

Therefore, since the instant lease contract has been terminated upon termination, the Defendant is obligated to deliver the instant building to the Plaintiff by its restoration to its original state, and pay the Plaintiff the rent and the amount of unjust enrichment equivalent to the rent, calculated by the ratio of KRW 120,000 per month from December 4, 2017 to the date of termination of the Defendant’s possession of the instant building or the date of loss of the Plaintiff’s ownership.

Furthermore, inasmuch as the Defendant, while occupying and using the instant building, refused to perform the obligation to return unjust enrichment equivalent to the rent accrued continuously and repeatedly as the Defendant occupied and used the instant building and refused to perform the obligation to return unjust enrichment, it is anticipated that the Defendant would not perform the obligation to return unjust enrichment for which the due date comes from the date when the Defendant occupied the instant building or the Plaintiff’s loss of ownership, which

Therefore, the Plaintiff needs to claim in advance the portion of unjust enrichment that is due and payable in the future.

Article 208 (3) 3 of the Civil Procedure Act)

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