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(영문) 전주지방법원남원지원 2019.04.03 2018가단1651
건물명도(인도)
Text

The Defendant, as the Plaintiff

(a) Of the real estate in the attached list of the first floor, the number of floors indicated in the attached Form 1, 2, 7, 8, 9, 10, 10, and 1.

Reasons

On April 20, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease the lease deposit amount of KRW 3 million, KRW 200,000,000 per month, and the term of lease from April 20, 2017 to April 20, 2019 (hereinafter “instant lease agreement”). The Plaintiff entered into a lease agreement with the Defendant to lease the housing and store (hereinafter “instant housing and store”).

The plaintiff delivered the instant housing and the store to the defendant on the same day.

Since April 20, 2017, the Defendant paid the Plaintiff the rent for two months from April 2017.

On September 21, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

On the other hand, the Plaintiff was deducted from the entire deposit under the instant lease agreement to September 19, 2018.

The instant lease agreement was legally terminated upon the Plaintiff’s declaration of termination.

Therefore, the Defendant is obligated to deliver the instant housing and the store to the Plaintiff, and pay (a) unjust enrichment equivalent to the rent or rent in the amount of KRW 200,000 per month from September 20, 2018 to the delivery of the instant housing and the store.

[Inasmuch as the Defendant received notification of the date by public notice pursuant to Articles 194 through 196 of the Civil Procedure Act and did not appear on the date of pleading, only the matters necessary to specify the claim pursuant to Article 208(3)3 of the Civil Procedure Act shall be written in the reasoning of the judgment]

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