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(영문) 창원지방법원마산지원 2017.11.30 2017가단102702
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and the KRW 4,500,000 and the above from February 24, 2017.

Reasons

1. Facts of recognition;

A. On January 2, 2016, the Plaintiff leased real estate listed in the attached list to the Defendant as the rental deposit amounting to KRW 5 million, monthly rent of KRW 450,000, and the lease period from January 24, 2016 to January 23, 2018.

B. The Defendant paid only the monthly rent for three months (from January 24, 2016 to April 23, 2016) to the Plaintiff, and did not pay the monthly rent from April 24, 2016 to the Plaintiff.

C. On June 12, 2017, a duplicate of the complaint of this case, on which the Plaintiff expressed his/her intention to terminate the lease agreement with the Defendant due to the delinquency in rent by the Defendant, was served on the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease contract between the Plaintiff and the Defendant was terminated by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to the Defendant’s failure to pay the rent, the Defendant is obligated to deliver the real estate indicated in the separate sheet to the Plaintiff, and to pay the Plaintiff the rent of KRW 4.5 million (the sum of the overdue rent from April 24, 2016 to February 23, 2017) and the unjust enrichment of KRW 4.5 million from February 24, 2017 to February 24, 2017 to the delivery date of the said real estate.

B. The defendant asserts that it is the monthly rent paid to the plaintiff, but there is no evidence to acknowledge it, and such argument is not accepted.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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