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(영문) 수원지방법원 2019.04.04 2018가단545491
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

B. From August 26, 2018, the amount of KRW 19,800,00 and the amount of KRW 19,80.

Reasons

On January 5, 2016, the Plaintiff leased real estate listed in the attached list to the Defendant as KRW 30 million, monthly rent of KRW 1.1 million, and period of lease from January 26, 2016 to January 25, 2018, the Plaintiff leased the real estate listed in the attached list to the Defendant as KRW 24 months.

[Article 2 of the Lease Contract: (a) The occupancy date is indicated as “ January 29, 2016,” but the following special agreement column is written as “26 days from the base date of the monthly rent”; (b) the Defendant paid the monthly rent in good faith for one year from January 25, 2017; (c) the Defendant began to delay the payment of the monthly rent from January 26, 2017 as indicated below.

The amount of monthly rent for the following table is indicated by the defendant as the overdue charge that the defendant has not paid the monthly rent.

(2) From January 26, 2017 to August 25, 2018, the Plaintiff calculated the sum of KRW 20,90,000 per month (i.e., KRW 1100,00 per month) ¡¿ 19 months, and among them, the Defendant deducted KRW 11,00,000 from the sum of KRW 1.1 million paid on April 2017 and May 2017.

Therefore, the plaintiff's argument that the lease contract will be terminated is reasonable since the defendant did not pay rent more than two times.

The defendant shall issue an order to the plaintiff to order the real estate stated in the attached list, which is the leased object.

In addition, the unpaid rent of KRW 19.8 million and the amount calculated from August 26, 2018 to August 26, 2018 at the rate of KRW 1.1 million per month, and the amount of unjust enrichment equivalent to the rent should also be returned.

The plaintiff's claim of this case is accepted since all of the reasons are met.

Litigation costs shall be borne by the losing defendant.

A provisional execution shall be attached.

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