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(영문) 서울동부지방법원 2015.12.22 2015가단31590
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a)board which connects each point of 1, 2, 3, 4, and 1 of the real estate strata listed in the annexed sheet in sequence.

Reasons

1. Indication of claim;

A. On October 13, 2009, the Plaintiff leased the lease term of part 26.44 square meters on the part inside the ship (hereinafter “instant building”) connected with each point of 1,2,3,4, and 1 among the real estate strata listed in the attached Form to the Defendant, from October 24, 2009 to October 24, 201, the lease deposit amount is KRW 5 million, and monthly rent is KRW 3,500,000,000,000 out of the lease deposit was paid to the Defendant, and thereafter, the Defendant agreed to change the lease deposit into KRW 4,000,000,000 from October 24, 2011.

B. However, the Defendant delayed the payment of monthly rent from October 25, 2013, and the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement.

C. Therefore, since the instant lease contract was terminated by the Plaintiff’s declaration of termination due to the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent and unjust enrichment equivalent to the rent, calculated by the ratio of KRW 400,000 per month from October 25, 2013 to the completion date of delivery of the instant building.

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

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