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(영문) 의정부지방법원 2014.05.20 2014가단3719
건물인도
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 132.72 square meters on the 1st floor of the building indicated in the attached list, each of the attached Form 3, 4, 5, 6, and 3 shall be indicated.

Reasons

1. Facts of recognition;

A. On January 6, 2010, the Plaintiff, as the owner of the real estate listed in the separate sheet, leased the deposit money for the part (A) part (a) of 33 square meters in the attached sheet, which was successively connected to each point of 3,4,5,6, and 3 of the attached sheet among the 1st floor of the building indicated in the attached sheet 132.72 square meters in the attached sheet, to the Defendant on January 6, 201, with the period of KRW 10 million for the deposit money, KRW 40,000 for the rent, KRW 30,000 for the management fee, and the lease period until August 9, 201.

B. The Defendant, while running the real estate brokerage business with the trade name called Creal estate in the instant commercial building, has occupied and used the instant commercial building up to now.

C. The Defendant did not pay KRW 2 million for rent from December 10, 201 to May 10, 2012, KRW 1.5 million for management expenses, KRW 1.6 million for rent from December 10, 201 to April 10, 201, KRW 1.6 million for management expenses, KRW 1.2 million for rent from August 10, 201 to January 10, 201, and KRW 1.5 million for management expenses. The sum of the above rent and management expenses in arrears from January 10, 2014 is KRW 6.2 million.

As the Plaintiff did not pay two or more fees, the Plaintiff declared that the said lease was terminated by the delivery of a duplicate of the instant complaint, and the duplicate of the instant complaint reached the Defendant on February 12, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the above lease contract was lawfully terminated by being served on the defendant with a copy of the complaint of this case containing the expression of intent to terminate the lease contract on the ground of the delinquency in payment of rent for more than two years.

Therefore, the defendant should deliver the commercial building of this case to the plaintiff, and the defendant is obligated to pay 4,30,000 won, which is the unjust enrichment amounting to the rent and management fee from January 11, 2014 to the delivery date of the commercial building of this case, as claimed by the plaintiff, after the payment date of the above rent and management fee.

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