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(영문) 수원지방법원성남지원 2017.04.05 2017가단956
건물인도
Text

1. The defendant shall be the plaintiff.

A. Attached Form No. 5, 6.2 of the buildings listed in the attached list and the 2,581 square meters of B miscellaneous land in Gwangju City.

Reasons

1. Facts of recognition;

A. On October 10, 2014, the Plaintiff: (a) leased the building indicated in the attached list and the building attached Form No. 5,6,7,8, and 5 in sequence connected to the Defendant on the part (B) part (hereinafter “instant building, etc.”) of KRW 30,00,000 in a lease deposit; (b) KRW 30,30,000 in a rent month; (c) KRW 20,00 in a rent payment date; and (d) the lease period from October 21, 2014 to October 20, 2016.

(hereinafter “instant lease agreement”). B.

However, the Defendant began to delay the rent from September 2015 to several months. Accordingly, on January 6, 2017, the Plaintiff “this case’s lease contract was terminated due to the failure to pay three or more times of rent, and thus, the Plaintiff’s proof of the content of this case’s content to the Defendant.”

(C) On the other hand, while the instant lawsuit is pending, the Defendant paid to the Plaintiff both overdue rent or unjust enrichment equivalent to the rent by February 20, 2017. [In the absence of any dispute over the grounds for recognition, the entries in Gap’s 1 through 6, and Eul’s 1 through 3, and the purport of the entire pleadings, as a whole.

2. According to the above facts finding, even if the lease contract of this case was terminated at the expiration of the lease term or impliedly renewed, it shall be deemed that the contract of this case was lawfully terminated at the time when the certificate of content of this case, stating the Plaintiff’s expression of intent to terminate the lease contract, was delivered to the Defendant (it shall not be terminated even if the Defendant paid all that the Plaintiff was in arrears during the lawsuit of this case). Thus, the Defendant is obliged to deliver the building of this case, etc. to the Plaintiff, and to pay the rent of this case at the rate of KRW 3,300,000 from February 21, 2017 to the completion date of delivery of the building of this case, etc.

3. Conclusion.

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