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(영문) 춘천지방법원원주지원 2015.06.04 2015가단501
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is the owner of the instant real estate.

On August 2010, the Plaintiff respectively leased the instant real estate to the Defendant for a period of 24 months from August 31, 2010 to August 30, 2012, with the lease deposit of KRW 3,000,000, monthly rent of KRW 300,000, and the lease period of KRW 24 months.

The defendant paid only KRW 100,000 out of the monthly rent on August 31, 2010 and has not paid the monthly rent until now.

After the Defendant leased the instant real estate from the Plaintiff and around September 2010, the Defendant leased the instant real estate to a person with poor name who was named “C”, and the said person with poor name also did not pay monthly rent to the Plaintiff. As such, the Defendant occupied the instant real estate.

The Plaintiff notified the Defendant of the termination of the lease contract on the grounds that the lease contract was not paid at least twice a monthly rent.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the delivery of the instant real estate and the unpaid monthly rent or the unpaid monthly rent.

2. According to the statement in Gap evidence No. 1, the plaintiff is recognized as the owner of the real estate of this case.

However, even based on the evidence No. 2, it is insufficient to acknowledge that the Defendant leased the instant real estate from the Plaintiff, and there is no other evidence to acknowledge it.

3. Therefore, the plaintiff's claim is dismissed as without merit. It is so decided as per Disposition.

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