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(영문) 서울동부지방법원 2015.07.24 2015가단8125
건물명도 등
Text

1. The Defendant’s month from January 16, 2015 to the completion date of delivery of the building indicated in the separate sheet from KRW 10,000 to KRW 10,000.

Reasons

In full view of the respective descriptions and arguments of Gap 1, 2, 3-1, 3-2, and 4 as to the cause of the claim, the plaintiff is "No. 104" between the defendant and the defendant on September 22, 2014, and "No. 104" as stated in the attached list owned by the plaintiff to the defendant.

) A lease agreement was concluded between B and B, a lease deposit of KRW 10 million, a monthly rent of KRW 1.2 million (payment on April 15, 2014), and a lease agreement was concluded during the lease period from April 15, 2014 to April 15, 2016, and the Defendant received the lease deposit and delivered KRW 104 to the Defendant. The Defendant did not pay the monthly rent (payment on November 1, 2014, and December 21, 2014) twice until January 15, 2015, but the Plaintiff notified the Defendant of the termination of the lease agreement on the grounds of the Defendant’s delinquency in rent, but the notification of termination was returned through the instant complaint, and thereafter, the Plaintiff notified the Defendant of the termination of the lease agreement again through the instant complaint, and on January 21, 2015, issued the instant complaint to the Defendant on January 21, 2015.

According to the above facts, since the above lease contract was lawfully terminated due to the termination of the plaintiff due to the defendant's delinquency in rent, the defendant is obligated to deliver 104 to the plaintiff, and the defendant is obligated to pay the plaintiff the unpaid monthly rent and the amount of unjust enrichment equivalent to the monthly rent of 120,000 won by the day the delivery is completed.

The defendant's argument that the defendant's monthly rent should be somewhat late from December 2014, and that the date was extended by the plaintiff. Thus, the defendant's defense that there was no delay in payment for more than two years. However, there is no evidence to acknowledge that there was an agreement to extend the date. Thus, the above defense cannot be accepted.

Since the defendant paid the overdue rent for two months after receiving the written complaint of this case, the plaintiff cannot terminate the above lease contract. However, the defendant's delivery of the duplicate of the complaint of this case was made.

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