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(영문) 수원지방법원안양지원 2016.06.02 2016가단2831
건물명도, 임대료
Text

1. The Plaintiff:

A. Defendant B shall deliver the entire 351.75 square meters of one story among the real estate listed in the attached list, and KRW 20,680,000.

Reasons

1. On September 5, 2014, the Plaintiff: (a) leased, to Defendant B, the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff, the lease deposit of KRW 4.3 million; (b) monthly rent of KRW 4.7 million (excluding value-added tax); and (c) from September 10, 2014 to September 10, 2016, the Plaintiff leased all the two floors of the instant real estate to Defendant C with the consent of the Plaintiff on January 20, 2015.

However, Defendant B’s payment of the rent at all to the Plaintiff from the date following October 10, 2015 is not made, and the lease contract is terminated as of the arrival date of content certification as the date of the Plaintiff’s failure to pay the rent for three years from November 27, 2016 to January 10, 2016 to Defendant B by content-certified mail.

"The above lease contract was terminated on January 28, 2016 due to Defendant B's failure to pay the rent even after sending a peremptory notice on January 28, 2016.

In addition, on February 19, 2016, the Plaintiff sent to Defendant C a notice of termination of sub-lease for the above reasons.

Nevertheless, the Defendants have continued to possess the portion of each possession without paying the difference in arrears so far. Accordingly, they seek against the Defendants, and seek against Defendant B the return of unjust enrichment amounting to KRW 20,680,00 (including value-added tax; hereinafter the same shall apply) or unjust enrichment from October 11, 2015 to February 10, 2016, and delay damages therefor, and the return of unjust enrichment amounting to KRW 5,170,000 per month from February 111, 2016 to the completion date of delivery of the instant real estate.

2. Article 208 (3) 1 and Article 257 (1) of the Civil Procedure Act of a judgment without holding any pleadings.

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