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(영문) 대전지방법원 2015.01.15 2014가합5245
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Attached No. 23, 8, 9, and 2, among the real estate 1 floors listed in the annexed sheet No. 1 list, shall be successively indicated.

Reasons

1. Around August 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of approximately KRW 5,000,000, monthly rent of KRW 250,00 with respect to the leased portion of KRW 36,363 square meters (per 11 square meters) in the first floor of the real estate listed in the separate sheet No. 1 attached hereto, which connects the Defendant with approximately 23,8,9, and 2363 square meters (per 11 square meters) among the real estate listed in the separate sheet No. 1 list. The Defendant reported the business on October 2, 2013, and conducted food service business on the said real estate.

Since the Defendant did not pay a monthly rent from September 1, 2013 to the present date, the Plaintiff is released from the said lease contract.

Therefore, the Defendant is obligated to deliver the above real estate portion to the Plaintiff by restitution, and to pay the amount equivalent to KRW 250,000 per monthly rent from September 1, 2013 to the completion date of delivery with the obligation to file a report on discontinuance of business with respect to the above business report, and with overdue rent and unjust enrichment.

2. deemed confessions made during the period of neighboring residence (Article 208 (3) 2 of the Civil Procedure Act);

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