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(영문) 의정부지방법원고양지원 2015.01.08 2014가단30509
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point is indicated in the separate sheet No. 9, 10, 11, 19, 22, and 9.

Reasons

1. Facts of recognition;

A. On June 24, 2008, the Defendant: (a) agreed with the Plaintiff to lease each of the terms of KRW 10 million, monthly rent of KRW 400,00,000; and (b) the term of lease from July 1, 2008 to June 31, 2010; (c) agreed to lease each of the instant lease agreements with the Plaintiff on the lease of KRW 31.68 square meters on the ship (hereinafter “instant real estate”) connecting each of the items in the separate sheet No. 9,10,11, 19, 22, and 9 in sequence among the buildings listed in the separate sheet owned by the Plaintiff (hereinafter “instant lease agreement”); and (d) impliedly renewed the instant lease agreement, the Defendant occupied and used the instant real estate until now.

B. On April 1, 2014, the Plaintiff sent to the Defendant a content-certified mail stating that “the monthly rent is 6,50,000 won (including approximately 16 months) for which the Defendant was in arrears, and the Defendant did not pay the monthly rent within 10 days after receiving the content-certified mail, and would terminate the instant lease agreement without any separate notice, if the changed toilet was not restored to its original state.” The content-certified mail sent to the Defendant around that time.

However, the above overdue rent was paid or the above toilet was not restored to its original state.

C. As of the date of the closing of the instant argument, the amount of unjust enrichment equivalent to the monthly rent or monthly rent unpaid by the Defendant is KRW 6 million until September 30, 2014, and is equivalent to the amount calculated by the ratio of KRW 400,000 per month from October 1, 2014.

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

2. According to the facts of the above recognition, as the instant lease contract was terminated, the Defendant is obligated to order the Plaintiff to use the instant real estate, and pay the amount calculated by the ratio of KRW 6 million to KRW 400,000 per month from October 1, 2014 to the completion date of the surrenderation of the instant real estate.

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

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