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(영문) 의정부지방법원 2015.08.28 2015가단9684
건물명도
Text

1. The defendant shall be the plaintiff.

(a) order the buildings listed in the separate sheet;

(b) from December 23, 2014 to the annexed list.

Reasons

1. Facts of recognition;

A. On September 23, 2013, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant at the monthly rent of KRW 4.20,000.

(hereinafter referred to as “instant lease agreement”). B.

The Defendant occupied the instant building without paying rent to the Plaintiff from December 23, 2014 to the present day without paying rent to the Plaintiff.

C. Meanwhile, on April 1, 2015, a duplicate of the instant complaint containing an expression of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 5 (including partial number), the purport of the whole pleadings.

2. According to the facts of the above recognition, the instant lease agreement is deemed to have been lawfully terminated and terminated on April 1, 2015 due to the Plaintiff’s notice of termination due to the Defendant’s two or more rents, and thus, the Defendant is obligated to order the Plaintiff the instant building and pay the Plaintiff the rent or unjust enrichment equivalent to KRW 420,000 per month from December 23, 2014 to the name of the instant building.

3. According to the conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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