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(영문) 수원지방법원여주지원 2020.12.09 2020가단2788
건물명도
Text

The Defendant, as the Plaintiff

A. Of the first floor of the building indicated in the indication of the attached real estate, the indication of the attached Form No. 1, 2, 3, 4, 5, 6, 7.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 6, video and pleadings as to the cause of the claim, the plaintiff leased on December 1, 2015, without deposit, the following facts: (a) on the first floor of the building indicated in the indication of the attached land owned by the plaintiff to the defendant, the plaintiff did not transfer the attached land to the defendant for 50,000 won per month without deposit; (b) after December 1, 2015 to December 31, 2016 (the above lease term was extended by agreement between the parties thereafter); (c) on the ground that the plaintiff did not receive the above real estate from the defendant for 32 months among the first floor of the building indicated in the indication of the attached land owned by the defendant until June 1, 202; and (d) on the ground that the plaintiff did not receive the above lease term from the defendant for 320,000 won per month, 200,000 won per month; and (e) on the ground that the contract was not received from the defendant.

According to the above facts, since the above lease contract between the plaintiff and the defendant has been lawfully terminated by the plaintiff's notice of termination on the ground of the defendant's delay, the defendant delivered the real estate of this case to the plaintiff, and as to the rent of 16,000,000 won not paid until June 1, 2020 and its amount of 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 20, 2020 to the date of full payment after the delivery of the complaint of this case, the plaintiff and the defendant are obligated to pay damages by unjust enrichment of 50,000 won per month from June 2, 2020 to the date of completion of delivery of the building of this case.

2. On the judgment of the defendant's assertion, the defendant concluded a contract with the plaintiff for the sale by proxy and concluded the contract with the plaintiff for various interferences, etc.

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