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(영문) 수원지방법원 2014.10.30 2014가단516372
건물명도
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 70,000,000 and this shall be applicable thereto.

Reasons

1. Basic facts

A. On July 31, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, with regard to the real estate listed in the separate sheet (hereinafter “instant building”) as the lease term from August 1, 2012 to July 31, 2014, with the lease deposit KRW 100 million, monthly rent KRW 6,600,00 (including value-added tax).

B. At the time of the conclusion of the instant lease agreement, the Plaintiff agreed to the effect that the instant lease agreement may be terminated immediately if the Defendant fails to pay monthly rent more than twice consecutively. From January 2014, the Defendant delayed payment of the rent from around January 2014. In cases where the Plaintiff notified the payment of the rent in arrears on April 24, 2014 and did not pay the rent by May 7, 2014, the Plaintiff notified the termination of the instant lease agreement, but the Defendant did not continue to pay the rent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. According to the facts of the judgment on the claim for the name of a building, the instant lease agreement was lawfully terminated at that time by the Defendant’s failure to pay the overdue car until May 7, 2014, and the Defendant is obligated to deliver the instant building to the Plaintiff as the restoration subsequent thereto.

3. Determination as to a claim for rent, etc.

A. Comprehensively taking account of the following facts: (a) one-time claim for the return of overdue rent and unjust enrichment equivalent to the rent in arrears; (b) the aforementioned facts and the evidence as mentioned above; and (c) the purport of the entire pleadings as to the evidence Nos. 5, 6, 7, 8, and 10 as seen earlier, the Defendant failed to perform its duty to deliver the instant building even if the instant lease contract was lawfully terminated on or around May 7, 2014; and (d) the Plaintiff filed a claim against the Defendant for the provisional disposition against Suwon District Court 2014Kahap186 to deliver the instant building on July 24, 2014; and (e) obtained its decision of acceptance on August 6, 2014.

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