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(영문) 수원지방법원 안양지원 2018.04.12 2017가단7659
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From July 29, 2017, 6,160,000 won and the same.

Reasons

1. Facts of recognition;

A. On July 28, 2015, the Plaintiff concluded a lease agreement with the Defendant for the term of KRW 20,000,000, monthly rent of KRW 800,000 (excluding value-added tax), and from July 29, 2015 to July 28, 2017, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). B.

As the terms and conditions of the instant lease agreement, “a lessee fails to pay rent more than two times,” there is a clause terminating the lease agreement.

C. Around January 2017, the Defendant did not pay two or more times, and the Plaintiff sent to the Defendant a certificate of the content that the instant lease contract will be terminated. D.

Until the end of June 2017, the defendant's rent and the unjust enrichment of the rent party are 6,160,000 won.

[Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. According to each of the above facts, the instant lease agreement was terminated on or around January 2017. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay to the Plaintiff money calculated at the rate of KRW 6,160,000 (including value-added tax) per month from July 29, 2017 to the completion date of delivery of the instant real estate, as sought by the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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