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(영문) 수원지방법원안양지원 2015.07.15 2015가단1060
건물명도 등
Text

1. The defendant delivers to the plaintiff the real estate indicated in the attached list, and from November 1, 2013, the above real estate.

Reasons

1. Facts of recognition;

A. On April 13, 2013, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 20,00,000,000 for lease deposit, KRW 1,100,00 for rent month (including value-added tax), and the lease period from May 15, 2013 to 24 months (hereinafter “instant lease agreement”), and handed over the instant real estate to the Defendant.

B. On November 2013, the Defendant did not pay the Plaintiff rent, and on January 6, 2015, the Plaintiff sent to the Defendant a notice of the termination of the instant lease agreement by means of content-certified mail to the Defendant on the grounds of the rent delay, and the said notice reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, since the instant lease contract was terminated by the Plaintiff’s notice of termination, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated by the ratio of KRW 1,100,000 per month from November 1, 2013 to the completion date of delivery of the instant real estate.

In regard to this, the defendant asserted that the plaintiff was the abuse of rights since the plaintiff filed the lawsuit of this case even though he had prepared to deliver it to the defendant at the time of appeal, but there is no evidence to acknowledge this, and therefore the defendant'

3. The plaintiff's request for the conclusion is reasonable, and it is decided as per Disposition by admitting it.

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