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(영문) 전주지방법원 2016.09.27 2016가단10997
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the second floor retail store of 193.88 square meters in the real estate listed in the attached list;

(b) April 2016.

Reasons

1. Facts of recognition;

A. On September 5, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, which provides that deposit amounts of KRW 10,00,000 for the second floor retail store 193.88 square meters (hereinafter “instant building”) among the real estate listed in the attached Table list, and the lease period shall be from September 19, 2015 to September 18, 2017; and the rent shall be KRW 1,200,000 for the monthly rent (excluding value-added tax); management expenses (such as elevator inspection expenses, joint electricity, water supply fees, cleaning, etc.) shall be borne by agreement with the third floor lessee of the real estate indicated in the attached Table (hereinafter “instant lease”).

According to the above lease contract, if the rent in arrears of a lessee amounts to three times the rent in arrears, the lessor can terminate the contract immediately.

B. From December 19, 2015 to April 18, 2016, the Defendant did not pay to the Plaintiff KRW 5,522,00,00 in the aggregate of KRW 5,280,00 (including value-added tax) and management expenses for the two-month management expenses.

C. On March 28, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the Defendant’s delinquency in rent reaches three-year rents.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 (including evidence number No. 1) and the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was lawfully terminated and terminated at the time when the notice of termination of the contract was delivered to the Defendant on the ground of the Defendant’s delay of more than three years of rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and is obligated to pay the Plaintiff unjust enrichment equivalent to the rent of KRW 1,320,000 per month from April 19, 2016 to the completion date of delivery of the instant building. As to the unpaid rent and management fee of KRW 5,522,00, and the following day from the date of delivery of the duplicate of the instant complaint to the date of complete payment, etc., the record is clearly relevant to the promotion of litigation from April 26, 2016 to the date of complete payment.

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