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(영문) 수원지방법원안양지원 2017.06.14 2016가단122681
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 2, 3, 4, 5, and 2.

Reasons

1. On April 15, 2015, the Plaintiff (leased) entered into a lease agreement with the Defendant (Lessee) on a deposit of 2 million won (one million won in the contract amount, one million won in the remainder), 1.2 million won in the rent month (one million won in the remainder), and 1.2 million won in the contract period from March 25, 2015 to March 24, 2016, with the remainder of deposit of 1 million won (one million won in the contract amount, one million won in the remainder), and the lease agreement between March 25, 2015 to March 25, 2016, and the remainder of deposit of 1 million won (payment September 25, 2015) as a separate lease agreement (hereinafter “instant lease agreement”).

From the time of the conclusion of the instant lease agreement, the Defendant operated the instant commercial building; the Plaintiff paid KRW 1 million out of the deposit to the Plaintiff; and the remainder of KRW 1 million was not paid.

In addition, the Defendant’s rent until February 22, 2016 to the Plaintiff on April 29, 2015:

6.2.

6. 30.

7. The payment of KRW 1430,00 (including value-added tax) on 27.20, 10.20, and 14.7.0,000 (including value-added tax) was delayed for a period of four percent.

On February 22, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement as of March 24, 2016 on the grounds of overdue rent, etc., and served the Defendant around that time.

Since then, the Defendant amounting to the Plaintiff KRW 2 million on February 29, 2016, as the rent of the instant commercial building,

3.21.4 million won;

8. 23.3 million won was additionally paid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5, and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, it is reasonable to view that the instant lease agreement was terminated on March 24, 2016 upon the Plaintiff’s notice of termination on February 22, 2016.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant commercial building to the Plaintiff and return the unpaid rent and unjust enrichment equivalent to the unpaid rent.

B. Determination on the Defendant’s assertion (1) is new around August 23, 2016.

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