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(영문) 의정부지방법원고양지원 2015.02.12 2014가단32819
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From September 24, 2014, KRW 6,600,00 and the above.

Reasons

1. Facts of recognition;

A. On July 2011, the Plaintiff leased real estate listed in the attached list (hereinafter “instant building”) to the Defendant as KRW 10,000,000, monthly rent (excluding value-added tax), KRW 1,200,000 (excluding value-added tax), and the lease period from July 23, 201 to 12 months.

(hereinafter “instant lease agreement”). B.

The Defendant used the instant building with father C from July 23, 201 to around July 23, 2011, and did not pay to the Plaintiff the rent of KRW 6,600,000 and the rent after September 24, 2014.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant violated the instant lease agreement, and the Plaintiff’s delivery of a duplicate of the complaint of this case to the Defendant on the grounds of the Defendant’s delinquency in rent is apparent in the record. Therefore, it is determined that the instant lease agreement was terminated.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Plaintiff is obligated to pay the rent of KRW 6,600,000 per month from September 24, 2014 to September 24, 2014, calculated by the proportion of KRW 1,320,00 (=1,200,000 + 1 + value-added tax + 0.1) to the delivery date of the instant building, and the amount of unjust enrichment equivalent to the rent.

3. Conclusion, the plaintiff's claim of this case is justified.

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