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(영문) 대전지방법원 2018.05.02 2017가단24233
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

(b) KRW 125,300,000 and this shall begin on April 1, 2018.

Reasons

1. Facts of recognition;

A. On April 1, 2015, the Plaintiff leased the building attached to the attached Form (hereinafter “instant building”) to the Defendant as KRW 100,000,000,000 for lease deposit, KRW 12,100,00 for rent month (including value-added tax), and from April 1, 2015 to March 31, 2020 for lease term.

(hereinafter “instant lease agreement”). B.

In concluding the above lease agreement, the Plaintiff and the Defendant agreed that the lessor may terminate the said lease agreement if the amount of the rent in arrears exceeds the three-year amount of rent in arrears.

C. From March 2017, the Defendant began to delay the rent.

On October 24, 2017, a duplicate of the complaint of this case, stating the Defendant’s declaration of intent to terminate the instant lease agreement on the grounds of three or more years of delinquency, was served on the Defendant on October 24, 2017.

The Defendant, in accordance with the instant lease agreement, occupied the instant building even until now after receiving the delivery of the instant building from the Plaintiff, and operated a house in the said building.

E. From March 2017 to March 2018, the amount equivalent to the rent that the Defendant did not pay is 125,300,000 won in total.

(See Attached Table 1). [See Attached Table 1] / [Attachment 1] without dispute, entry of Gap evidence 1, 2, and 6 (including additional numbers), the purport of the whole pleadings.

2. Determination

A. According to the above facts, the instant lease contract was terminated on October 24, 2017, when the duplicate of the complaint was served on the Defendant, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff as restitution.

B. In addition, the defendant is obligated to pay the overdue rent during the lease term, and since the building of this case is used and profit-making without any title after the termination of the lease, it is obligated to pay unjust enrichment equivalent to the rent.

The Defendant is under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from April 1, 2018 to the date of full payment, which is 125,30,000 won with overdue rent and unjust enrichment equivalent to the rent, between March 1, 2017 and March 2018.

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