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(영문) 대전지방법원논산지원 2015.04.09 2014가단4845
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the attached Table 1 list, each point of Attached Form 1, 2, 3, 4, 5, 6, 7, and 1.

Reasons

1. On March 23, 2013, the Plaintiff, among the buildings listed in the attached Table 1 list, leased to the Defendant the part of item (a) and 77 square meters (hereinafter “instant store”) in line with the indication 1, 2, 3, 4, 5, 6, 7, and 1 of the attached Table 2 among the buildings listed in the attached Table 1 list, as the period from March 31, 2013 to March 30, 2016, the Plaintiff determined and leased the same as KRW 650,000 per month of rent.

However, the Defendant delayed the payment of 6.5 million won for the total of 10 months from June 2013, 2013, 11.1. portion, 2014, 2014.2. portion, 2014.4. to September 2014.

Therefore, on September 11, 2014, the Plaintiff sent to the Defendant a written notice stating that the Plaintiff would not pay the overdue charge or request the delivery of the store of this case by September 20, 2014, and the said notice was delivered to the Defendant around that time. However, the Defendant did not pay the overdue charge even until September 20, 2014.

Therefore, since the above lease contract was lawfully terminated by the delivery of the copy of the complaint of this case, the defendant is obligated to deliver the house of this case to the plaintiff, and it is obligated to pay 6.5 million won in arrears. From October 1, 2014 to the completion date of delivery of the store of this case, it is obligated to pay the amount of unjust enrichment equivalent to the rent of 6.5 million won in proportion to the rate of 6.5

2. Judgment by publication of the basis (Article 208 (3) 3 of the Civil Procedure Act).

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