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(영문) 춘천지방법원 원주지원 2018.02.28 2017가단4460
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

B. 6,300,000 won and its related thereto on December 2017

Reasons

1. Basic facts

A. On October 29, 2014, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant housing”) from C on October 29, 2014, and completed the registration of ownership transfer on the instant housing on November 4, 2014.

B. On October 27, 2014, the Plaintiff leased the instant house to the Defendant at the lease rate of KRW 1,260,000 per month from October 27, 2014 to October 26, 2016.

(hereinafter “instant lease agreement”). Article 4 of the instant lease agreement provides that “If a lessee fails to pay a rent to a lessee at the second period, the lessor may terminate the lease agreement.”

C. On October 26, 2016, the instant lease agreement was renewed, and the Defendant was overdue from April 28, 2017 as the instant lease agreement.

Accordingly, the Plaintiff notified that the instant lease contract was terminated in accordance with Article 4 of the instant lease agreement and Article 640 of the Civil Act, since the Defendant’s delay amount reaches two times through the instant complaint.

The defendant is residing in the house of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease contract was terminated on December 18, 2017, when the duplicate of the complaint of this case was delivered to the Defendant by the Plaintiff’s notice of termination. Thus, the Defendant is obligated to deliver the instant house to the Plaintiff, and pay the Plaintiff the overdue rent of KRW 6,300,000 (=1,260,000 x 5 months x 5 months) from April 28, 2017 to September 27, 2017, and the damages for delay calculated at the rate of KRW 15% per annum from December 19, 2017 to September 1, 2017 to September 28, 2017, and the amount of delayed payment or unjust enrichment calculated at the rate of KRW 1,260,000 from September 28, 2017 to September 27.

B. As to this, the defendant is against C, who is the defendant, who is the defendant.

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