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(영문) 수원지방법원 2017.07.19 2017가단7954
건물명도
Text

1. The Plaintiff. (1) The Defendants deliver buildings listed in the attached Table to the Plaintiff, and (2) Defendant B from August 1, 2016 to the above.

Reasons

1. Indication of claim;

A. On April 27, 2015, the Plaintiff leased to Defendant B a building listed in the attached Table (hereinafter “instant building”) with a deposit of KRW 15 million, monthly rent of KRW 1100,000,000, and the period from May 1, 2015 to April 30, 2016.

B. Defendant B registered his business with the trade name “D” in the instant building and operated a restaurant together with Defendant C.

C. Although the above lease was renewed, Defendant B did not pay the rent from August 1, 2016, and Defendant B also did not pay the rent, and the management fee 2,883,550 (based on November 30, 2016) was unpaid, and the Plaintiff notified Defendant B of the termination of the lease by mail certified as of February 6, 2017 and February 13, 2017 on the ground that the rent was overdue for at least two years of rent.

Therefore, the Plaintiff’s lease terminated on February 6, 2017, and the Defendants delivered the instant building to the Plaintiff, and Defendant B, from August 1, 2016 to the delivery of the instant building, should pay the Plaintiff the rent or unjust enrichment equivalent to the rent, based on the rate of KRW 110,000 per month from August 1, 2016 to the delivery of the instant building.

2. Judgment made in the constructive confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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