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(영문) 의정부지방법원 2015.12.01 2015가단21714
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion and judgment

A. On October 25, 2014, the Plaintiff asserted that the building indicated in the separate sheet (or to the Defendant’s wife B on behalf of the Defendant) (hereinafter the instant building) was leased to the Defendant with the lease deposit of KRW 10 million, monthly rent of KRW 700,000, and KRW 24 months, respectively. The Defendant did not pay from the rent of December 2014.

As such, the Plaintiff terminated the above lease agreement on the grounds of the delinquency in rent around May 21, 2015, the Defendant is obligated to order the Plaintiff to order the instant building, and to return unjust enrichment equivalent to the rent in proportion to the rate of KRW 700,000 per month from December 30, 2014 to December 30, 2014.

B. As alleged above, as to whether the Defendant leased the instant building from the Plaintiff directly or through the Defendant’s wife B, as alleged above, or through the Defendant’s wife B, it cannot be admitted as evidence because there is no evidence to prove the authenticity. The entries of evidence No. 12 and No. 9 are insufficient to acknowledge the fact that the Defendant directly leased the instant building from the Plaintiff, or was the Defendant’s wife, or that B had the power to rent the instant building on behalf of the Defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit to examine the remainder of the issue.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit.

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