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(영문) 수원지방법원성남지원 2017.05.19 2016가단225642
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) 5,600,000 won and this shall apply thereto;

Reasons

Comprehensively taking account of the purport of each of the arguments stated in Gap evidence Nos. 1 through 6 (including branch numbers), the plaintiff entered into a lease agreement with the defendant on April 1, 2012 with a deposit of KRW 10,000,000, monthly rent of KRW 800,000 for the buildings listed in attached Table Nos. 2 (hereinafter "the building of this case"), and the defendant paid KRW 4,00,000 to the plaintiff as part of the overdue rent from December 1, 2015; the defendant paid KRW 4,00,000 to the plaintiff after the institution of this case; the plaintiff met the principal of the overdue rent of KRW 4,00,000 as the sum of KRW 5,60,000,000 as the sum of the leased rent of this case; and the plaintiff notified the defendant of his intention to terminate the lease agreement of this case as a copy of the lease agreement of this case; and the plaintiff held the land of this case (hereinafter "the land of this case").

According to the above facts, since the lease contract on the building of this case was lawfully terminated, the defendant is obligated to deliver the building of this case to the plaintiff, and to pay damages for delay calculated at the rate of 15% per annum from April 15, 2017 to the day of complete payment, which is the day following the day when the copy of the application for modification of the purport of the claim of this case and the cause of the claim is served to the defendant, as the result of the due date for payment of the overdue rent of 5,600,000 won, and to deliver the land of this case to the plaintiff as monthly rent and unjust enrichment from December 1, 2016 to the day when delivery of the building of this case is completed. Furthermore, the plaintiff is obligated to deliver the land of this case to the plaintiff.

The plaintiff's claim is accepted.

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