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(영문) 수원지방법원안양지원 2015.03.25 2014가단21685
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From March 1, 2014, the above-mentioned A

subsection (b).

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 5 (including paper numbers) by reference to the whole purport of the pleadings:

On December 2004, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 10,000,000 and KRW 800,000 per month on the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”).

B. After that, the Plaintiff and the Defendant renewed the above lease agreement several times, and finally, on December 2012, the said lease agreement was renewed by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 1,100,000, and January 5, 2015.

C. From March 2014, the Defendant did not pay the Plaintiff the rent stipulated in the said lease agreement. Accordingly, on September 25, 2014, the Plaintiff notified the Defendant that the said lease was terminated on the grounds of two or more occasions of delinquency in rent, and the said notification reached the Defendant around that time.

The defendant possessed the real estate of this case until the date of closing the argument of this case.

2. Determination

A. According to the facts of the determination as to the cause of the claim, the above lease agreement was lawfully terminated and terminated by the Plaintiff’s notice of termination on September 25, 2014.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the amount calculated by applying the rate of KRW 1,100,000 per month from March 1, 2014 to the completion date of delivery of the real estate of this case under the pretext of overdue rent or unjust enrichment.

B. As to the Defendant’s assertion, the Defendant asserts to the effect that it is unreasonable for the Plaintiff to terminate the lease agreement on the ground of overdue rent in spite of the fact that the Plaintiff could have deducted the overdue rent from KRW 10,000,000. However, even if the lease deposit was granted to the lessor, the lessor is in a lease relationship.

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