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(영문) 수원지방법원안산지원 2019.04.05 2018가단19897
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

(b) buildings referred to in the preceding paragraph from October 10, 2018 to the same paragraph.

Reasons

1. Facts of recognition;

A. On July 9, 2018, the Plaintiff leased real estate listed in the attached list (hereinafter “instant building”) to the Defendant by setting the lease deposit of KRW 2 million, monthly rent of KRW 800,000,000, and the lease term of December 10, 2018.

(hereinafter “instant lease agreement”). B.

The defendant has occupied the building of this case until now, and the payment of rent has been delayed from October 10, 2018.

C. Meanwhile, on November 26, 2018, a copy of the complaint of this case stating the Plaintiff’s declaration of intent was served on the Defendant on the following grounds: (a) “The said lease is terminated due to the delinquency of at least two occasions in arrears,” which is a vehicle under the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant did not pay two or more times the rent under the instant lease agreement, and the Plaintiff notified the termination thereof. Thus, the instant lease agreement was lawfully terminated.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and the Defendant is obligated to pay in arrears rent or unjust enrichment equivalent to the rent in arrears calculated at the rate of KRW 800,000 per month from October 10, 2018 to the completion date of delivery of the said building.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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