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(영문) 수원지방법원 2016.02.04 2015가단58927
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the first floor of the building listed in the attached list 445.97 square meters;

(b) from January 1, 2015.

Reasons

1. Facts of recognition;

A. On May 27, 2014, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 40 million, KRW 3740,000 per month, KRW 3740,000 per month, and period of lease from June 1, 2014 to May 31, 2016, and received KRW 40,000 from the Defendant and delivered the instant real estate to the Defendant.

B. At the time of the instant lease agreement, the Plaintiff and the Defendant included a special agreement that the Plaintiff, the lessor, can immediately terminate the contract if the lessee has been in arrears for more than two months.

C. However, the Defendant did not pay the rent after January 1, 2015, and the amount of KRW 2,545,005 was overdue on October 2015.

The Plaintiff terminated the instant lease contract by serving a duplicate of the complaint of this case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The Defendant’s failure to pay the monthly rent under the instant lease agreement to the amount equivalent to the amount of the rent for the second period, as seen earlier, is apparent in the record that the Plaintiff’s declaration of intent to terminate the instant lease agreement was served on November 30, 2015. As such, the instant lease agreement was lawfully terminated and terminated on November 30, 2015.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff as restitution following the termination of the instant lease agreement, and to pay rent and unjust enrichment per rent calculated by the ratio of KRW 3,740,000 per month from January 1, 2015 to the completion date of the delivery of the instant real estate. As requested by the Plaintiff, the unpaid management fee for October 2015 and the amount of KRW 2,545,000, which are the day following the delivery date of the copy of the instant complaint, shall be 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 1, 2015 to the day of complete payment.

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