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(영문) 서울중앙지방법원 2016.07.22 2016가단28475
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) Among the real estate listed in the attached Form, each point is indicated in the attached Form 1, 2, 3, 4, and 1;

Reasons

1. Facts of recognition;

A. On April 1, 2015, the Plaintiff agreed to the Defendant that the lease period of part 39.5 square meters (hereinafter “the instant building”) of the attached drawing among the real estate indicated in the attached Form, which was attached to the Defendant, shall be until September 30, 2015, the lease deposit amount of KRW 10,000,00, monthly rent of KRW 170,000, value-added tax and management fee, and the lessee may terminate the lease contract of this case if the lessee delays the payment of rent for more than two years.

B. From April 1, 2015, the Defendant delayed the payment of monthly rent, and the Plaintiff terminated the instant lease contract by delivering a copy of the instant complaint to the Defendant.

C. By March 31, 2016, the monthly rent payable by the Defendant reaches KRW 4,740,000.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 4, the purport of the whole pleadings]

2. According to the above facts of determination, since the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to overdue rent, the Defendant is obligated to deliver the building of this case to the Plaintiff, pay the unpaid rent of KRW 4,740,00 to the Plaintiff, and as requested by the Plaintiff, to pay the Plaintiff unjust enrichment equivalent to the rent of KRW 1,870,000 per month from April 22, 2016 to the completion date of delivery of the building of this case (the value-added tax of KRW 1,70,000 per month) from April 2, 2016 to the completion date of delivery of the building of this case.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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