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(영문) 수원지방법원안산지원 2015.10.15 2015가단18503
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver all three floors of the buildings listed in the separate sheet;

B. 7.8 million won and June 8, 2015

Reasons

1. Basic facts

A. On June 4, 2014, the Plaintiff leased all three floors (hereinafter “instant building”) among the buildings listed in the attached list to the Defendant by setting the lease deposit of KRW 1 million, KRW 780,000,000 from June 8, 2014 to June 7, 2015, KRW 80,000 per month from June 8, 2015 to June 7, 2016 (hereinafter “instant lease agreement”). The lease agreement was concluded between June 8, 2014 and June 7, 2016 (hereinafter “instant lease agreement”).

B. The Defendant did not pay the monthly rent from August 8, 2014.

C. On June 24, 2015, the Defendant: (a) drafted a letter of undertaking to the effect that “the Plaintiff shall deliver the instant building by September 21, 2015, as the principal did not pay KRW 7.8 million monthly rent from June 2015; and (b) issued it to the Plaintiff.”

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts, the Defendant agreed to deliver the instant building to the Plaintiff by September 21, 2015, and the fact that the Defendant did not pay to the Plaintiff the amount of unjust enrichment equivalent to the monthly rent or rent from June 8, 2015 (unpaid monthly rent from June 7, 2015) and from June 8, 2015.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent of KRW 7.8 million (unpaid monthly rent from June 7, 2015) and unjust enrichment equivalent to the rent of KRW 80,000 per month from June 8, 2015 to the delivery date of the said building.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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