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(영문) 광주지방법원 2017.11.09 2017가단15282
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 4, 5, 6, 12, 11, and 4.

Reasons

1. The facts stated in the separate sheet of claim as to the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in the statement in Gap evidence Nos. 1 through 5.

According to the above facts, the lease agreement between the Plaintiff and the Defendant was lawfully terminated due to the arrival of the Defendant of the content-certified mail on June 8, 2016, which included the Plaintiff’s declaration of termination.

Therefore, unless there are special circumstances, the defendant is ordered to the plaintiff

A. The duty to deliver the portion of the building mentioned in the paragraph to May 31, 2017, and to pay the amount calculated by applying the rate of KRW 1,136,590 to the overdue rent and management expenses, etc. and the amount of money calculated by applying the rate of KRW 150,000 per month to the unjust enrichment from June 1, 2017 to the delivery of the building.

2. As to the judgment on the Defendant’s assertion, the Defendant partially paid the overdue rent, etc. for which the Plaintiff seeks payment, and all the overdue rent for which the Plaintiff seeks payment is in arrears, and it shall not be in arrears in the future. Thus, the Plaintiff’s claim cannot be complied with. However, there is no evidence to acknowledge that the Plaintiff partially paid the overdue rent for which the Plaintiff seeks payment as alleged by the Defendant, and as long as the lease contract between the Plaintiff and the Defendant was lawfully terminated due to the Defendant’s overdue rent, the Defendant’s claim for the overdue rent, etc. against the Plaintiff cannot be rejected due to the above circumstances.

Therefore, the defendant's above assertion is difficult to accept.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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