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(영문) 의정부지방법원 2016.01.19 2014가단51336
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. At the same time, the Plaintiff (Counterclaim Defendant) received KRW 27,000,000 from the Plaintiff.

Reasons

1. Where there is no dispute between the parties to the judgment on the claim of this case, or when comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1, 2, and 5, the Plaintiff entered into a lease contract with the Defendant on May 28, 2013 (hereinafter “instant building”) with the lease deposit of KRW 60 million, KRW 500,000 per month (payment after the last day of each month), and the lease contract with the period from May 28, 2013 to May 28, 2015 (hereinafter “the instant lease contract”), the said contract may be terminated if the amount in arrears falls short of the amount in two installments. On the same day, the Plaintiff did not pay the above lease deposit to the Defendant for rent after August 28, 2014, and the Plaintiff expressed his intention to terminate the lease contract with the Plaintiff’s intention to pay the rent in arrears within the period of 20,000,000 won.

According to the above facts, the lease contract of this case was lawfully terminated on or around January 5, 2015, on the ground that the overdue overdue amount reaches two months. Thus, the contract of this case was lawfully terminated on or after January 5, 2015, by which the copy of the complaint of this case stating the intention of termination was delivered to the defendant. As the defendant, as requested by the plaintiff, from August 28, 2014 to November 27, 2015, the sum of the unpaid rent of 60 million to 15 months and the unlawful gains equivalent to the rent of 82.5 million won (=5 million won per month 5 million won x 1.5 months) which were paid to the plaintiff (i.e., the above KRW 33 million (= KRW 88,50 million - KRW 49,500,000) which was deducted from the remaining amount (i.e., the building of this case, KRW 27 million to 3.36 million).

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