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(영문) 의정부지방법원 2019.01.30 2018가단116828
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Attached 2-1 underground floor drawings 1, 2-2, 3.

Reasons

1. Facts of recognition;

A. On May 2014, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 10 million, monthly rent of KRW 80,000 (excluding value-added tax, May 22, 2014), and from May 22, 2014 to May 25, 2019 (hereinafter “instant lease agreement”), the lease deposit was received from the Defendant for the lease deposit and delivered the instant store to the Defendant on May 222, 2014.

B. On March 31, 2015, the Defendant delayed the payment of KRW 20 million to the Plaintiff, and paid KRW 21 million to December 4, 2016, and delayed payment of KRW 21,240,000, a total of KRW 42,240,000, up to May 25, 2018; and thereafter, the Defendant was in arrears of KRW 6,160,00 ( KRW 880,00 x 7 months) up to December 25, 2018, and was in arrears of KRW 27,40,000 ( KRW 21,240,000 + KRW 6,2406,000) as of December 25, 2018.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant did not pay two or more vehicles, and the fact that the Plaintiff served the Defendant on August 18, 2018 that the copy of the complaint of this case stating the Plaintiff’s declaration of intent to terminate the instant lease agreement was clearly recorded. Thus, the instant lease agreement was lawfully terminated and terminated.

I would like to say.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and the rent or rent equivalent to KRW 17,400,000 calculated by deducting KRW 10,000,000 from KRW 27,40,000,000 for unpaid overdue rent and unjust enrichment equivalent to the rent from KRW 27,40,000 until December 25, 2018, and the rent or rent calculated at the rate of KRW 880,00 per month from December 26, 2018 to the completion date of delivery of the instant store.

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