(영문) 서울중앙지방법원 2016.08.05 2015가단137570

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(영문) 서울중앙지방법원 2016.08.05 2015가단137570

건물명도

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1. From 100,000,000 to 31, 2016, the Defendant’s delivery of the building as indicated in the separate sheet from July 31, 2016 to the completion date.

Reasons

1. On June 9, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff to lease the building listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) from the Plaintiff, and agreed on KRW 6050,000,000, including value-added tax, that the lease deposit is KRW 100,000,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,000,000,000,000

The Defendant received delivery of the instant building as stipulated in the instant lease agreement, and currently uses it as a childcare center.

At the time of the conclusion of the instant lease agreement, if the Defendant’s overdue charge reaches the two-year overdue charge, the Plaintiff was agreed to be able to terminate the instant lease agreement. As of May 31, 2015, the Defendant delayed to pay the overdue charge for five months.

On June 1, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the foregoing delinquency in rent by content-certified mail, and the content-certified mail reached the Defendant on June 2, 2015.

After the filing of the instant lawsuit, the Defendant paid all the amount equivalent to the unpaid rent to the Plaintiff until June 30, 2016, from the date of the closing of argument in the instant case.

[Grounds for Recognition: Entry in Evidence A No. 1-6 and the purport of the whole pleadings]

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated on June 2, 2015 due to the Defendant’s notice of termination due to the delay of rent. Thus, barring any special circumstance, the Defendant is obligated to receive the remainder of the amount calculated by deducting the amount calculated by the rate of KRW 6050,00 per month from July 31, 2016 to the completion date of delivery of the instant building from the amount of unjust enrichment, as the Plaintiff seeks from the KRW 100,000,000,000, which the Plaintiff is obligated to pay to the Plaintiff.

3. citing the Plaintiff’s claim for conclusion

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