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(영문) 수원지방법원 안양지원 2018.02.08 2017가단7239
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Ordering the buildings listed in the separate sheet;

B. From November 20, 2017, 7,480,000 won and the same.

Reasons

1. Facts of recognition;

A. On March 2, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 25,000,000, monthly rent of KRW 1,870,000 (including value-added tax) and the lease period from March 20, 2016 to March 19, 2019.

B. Article 4 of the instant lease agreement provides, “If a lessee fails to pay a monthly rent at a three-year period, the lessor may terminate the lease contract.”

C. From July 2016, the Defendant began to pay the rent in arrears, and on November 19, 2017, the Defendant did not pay the rent in total of KRW 7,480,000 even after deducting all the deposit for lease as of November 19, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 11, purport of whole pleadings

2. In light of the above facts, the Defendant delayed the rent for at least three years under the instant lease agreement, and as long as the Plaintiff expressed his/her intent to terminate the instant lease by delivering a copy of the complaint of this case, the instant lease agreement was lawfully terminated. Thus, the Defendant is obligated to issue an order to the Plaintiff for the instant real estate and pay the Plaintiff the amount calculated by the ratio of KRW 7,480,000 to the unjust enrichment of the rent for rent 7,480,000 and the rent 1,870,000 per month from November 20, 2017 to the completion date of the name of the said building as requested by the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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