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(영문) 의정부지방법원 고양지원 2018.07.19 2018가단3765
토지 및 건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) remove used and waste home appliances, etc. recorded in the real estate listed in the separate sheet;

Reasons

1. Facts of recognition;

A. On July 20, 2016, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with respect to the rent of KRW 30 million per annum (Additional No. 30 million) and the period from July 20, 2016 to 24 months (hereinafter “instant lease agreement”) without a lease deposit, and the main contents related to the instant case are as follows.

Where the lessee of Article 4 has failed to pay the rent by one month prior to the payment of the rent, the lessor may terminate the lease contract.

Special terms: (1)The conditions of the lump-sum payment on the annual tax, and the expiration of the automatic extension period by making a prior payment before the month shall be restored, as well as the disposal of wastes and wastes, but the broker shall guarantee.

B. The real estate in this case has heavy and waste home appliances, etc. which the Defendant was fit.

C. The Defendant paid KRW 10 million to the Plaintiff as the annual rent under the instant lease agreement, and KRW 5 million around April 2017, respectively, to the Plaintiff.

The Plaintiff is seeking the termination of the instant lease agreement as the instant lawsuit on the grounds of the Defendant’s delinquency in rent.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement is deemed legally terminated around April 3, 2018, on the grounds that the Defendant’s advance payment (Article 4 of the instant lease agreement) was not made. Therefore, barring any special circumstance, the Defendant, as a performance to restore to the Plaintiff the Plaintiff, collects used home appliances, etc. deposited in the instant real estate and delivers the said real estate, and transfers the said real estate as unjust enrichment amounting to KRW 1,50,000 (= KRW 16.5 million) from July 20, 2016 to January 19, 2017, including rent and surcharge annual rent of KRW 300,000,00 ( KRW 300,000,000 from July 20, 2016 to KRW 30,000,000,000,000,000,000,000,000).

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