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(영문) 의정부지방법원고양지원 2019.11.13 2019가단9654
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

(b)payment of KRW 1,358,480;

(c).3.

Reasons

1. Facts of recognition;

A. On November 23, 2018, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant building”) with a deposit of KRW 10 million, monthly rent of KRW 750,000,000, and the term of lease from November 26, 2018 to November 25, 2019 (hereinafter “instant contract”), and handed over the instant building.

B. From January 2019 to June 2019, the Defendant paid 3.755 million won to the Plaintiff, and the Defendant unpaid 1,358,480 won for management expenses.

C. On July 2, 2019, the Plaintiff sent to the Defendant a content-certified mail containing a declaration of intent to terminate the instant contract on the ground of a vehicle-to-rent, and the said content-certified mail reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. At least two occasions of determination, the instant contract was duly terminated by a content-certified mail containing a declaration of intent to terminate the instant contract on the ground of a tea.

Therefore, the defendant shall deliver the building of this case to the plaintiff, and shall pay 1,358,480 won for unpaid management expenses, and shall pay 3.75 million won in arrears, and shall pay 12% interest per annum from July 26, 2019 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case, to the day of complete payment, and shall return the rent or unjust enrichment equivalent to 750,000 won per annum calculated from June 25, 2019 to the day of complete delivery of the building of this case.

3. The plaintiff's claim for conclusion is reasonable, and it is so accepted as per Disposition.

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