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(영문) 춘천지방법원원주지원 2015.08.26 2015가단2255
건물명도, 임대료
Text

1. The Plaintiff:

A. Defendant B shall deliver a 222.71 square meter of the ground floor among the buildings listed in the attached list, and the KRW 8,000,000 and the year 2015.

Reasons

1. Facts of recognition;

A. On August 22, 2011, the Plaintiff ordered Defendant B to do so.

The term of lease deposit was set at KRW 5,00,000, monthly rent of KRW 500,000, and the term of lease was set at August 15, 2013 (hereinafter “instant lease agreement”).

B. Defendant B, upon delivery of the instant building, has run a singing practice room business up to now, and part of the said building is occupied and used by Defendant C.

C. On January 22, 2014 and August 25, 2014, the Plaintiff sent to Defendant B a certificate of content that contains the content that the said lease contract is terminated on the grounds of two or more vehicles of rent, and around that time, the said content certification was served on Defendant B.

On the other hand, Defendant B did not pay to the Plaintiff money corresponding to January 2012, January 2013, November 2014, November 2014, and rent in 2015.

(Ground for recognition: Facts without dispute, entries in Gap evidence 1 through 3, the purport of the whole pleadings.

2. According to the above facts, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination due to the delay in rent of at least two years. Thus, barring any special circumstance, Defendant B is obligated to transfer the instant building to the Plaintiff, and Defendant B is obligated to return unjust enrichment equivalent to the rent of KRW 8,00,000 (i.e., 16 months from 2012 to March 2015) calculated at the rate of KRW 50,000 per month from April 2015 to April 2015, and Defendant C is obligated to leave the said building.

3. If so, the plaintiff's claim against the defendants is justified.

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