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(영문) 대전지방법원 논산지원 2018.11.22 2017가단2727
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) from October 25, 2016 to the annexed list.

Reasons

Description of Claim

On July 25, 2013, the Plaintiff leased a building listed in the attached list (hereinafter “instant building”) to the Defendant with a deposit of one million won, KRW 100,000 won per month (payment on July 25), and two years per month. In the event that the lessee is in arrears for not less than three months, the Plaintiff concluded a special agreement that the lessor may terminate the lease contract and renewed the lease contract.

The Defendant delayed to pay the rent from October 25, 2016, and the Plaintiff expressed his/her intention to terminate the said lease on the ground of the delinquency of rent for at least three years by serving a copy of the instant complaint on the Plaintiff.

The duplicate of the instant complaint was served on March 17, 2018 on the Defendant.

Therefore, the above lease contract was terminated upon termination, and the defendant is obligated to deliver the building of this case to the plaintiff to restore to its original state and pay the rent from October 25, 2016 to March 17, 2018, which is the end date of the lease.

Furthermore, in ordinary cases, the amount of unjust enrichment from the use and profit-making of real estate shall be the amount equivalent to the rent for the relevant real estate, and since it is ratified that the amount equivalent to the rent after the termination of the said lease shall also be KRW 100,000 per month, the defendant is obligated to pay to the plaintiff unjust enrichment calculated by the ratio of KRW 10,000 per month from March 18, 2018, the day following the expiration date of the lease, to the first day out of the completion date of occupation of the defendant

Furthermore, as long as the Defendant, while occupying and using the instant building, refused to perform the duty of return of unjust enrichment that occurred continuously and repeatedly, it is anticipated that the Defendant would not perform the duty of return of unjust enrichment that comes first of the expiration date of possession by the Defendant of the instant building or the Plaintiff’s loss of ownership.

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

deemed as confession.

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