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(영문) 의정부지방법원고양지원 2015.07.22 2015가단9243
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From April 10, 2015, 2,450,000 won and above.

Reasons

Comprehensively taking account of the respective descriptions and arguments in Gap evidence Nos. 1 through 3 (including each number number), the plaintiff entered into a lease agreement with the defendant's agent C on May 29, 2013 (hereinafter "the real estate in this case") stating that "the deposit amount of KRW 30 million is KRW 3 million per month, the rent of KRW 3 million per month (excluding the rent of KRW 10,000,000 from June 30, 2013 to June 29, 2023; the first rent of this contract is August 10; the cost of work at the floor of the factory is KRW 30,000,000,000 from September 1, 2013 to June 20, 2013; and the first rent of KRW 305,000,000,000 from September 26, 2015 to June 30, 2015."

According to the above facts, the defendant did not pay two or more times of arrears, and the copy of the complaint of this case containing the plaintiff's declaration of intent to terminate the contract of this case is delivered to the defendant on April 14, 2015, and the contract of this case was lawfully terminated.

Therefore, the Defendant is obligated to return to the Plaintiff the unjust enrichment of the amount of KRW 30 million calculated by deducting the deposit amount of KRW 30 million from the overdue rent and KRW 100,000,000,000,000,000,000 for the floor of the factory (in the case of KRW 66 million - 30,550,000) from the date following the last rent calculation day (in the case of KRW 1,000,000) and the amount of KRW 33,00,000 per month from April 10, 2015 to the completion date of delivery of the instant real estate.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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