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(영문) 수원지방법원안산지원 2016.09.21 2016가단3850
건물명도 등
Text

1. The Defendant’s building at KRW 15,00,000 from the Plaintiff’s KRW 5,960,000 and the building indicated in the separate sheet from August 21, 2016.

Reasons

1. The following facts are either disputed between the parties, or acknowledged in full view of the purport of the entire arguments in Gap evidence Nos. 1, 2-1, 2, and 3, and there is no reflective evidence.

On March 4, 2015, the Plaintiff leased real estate listed in the attached list (hereinafter “instant real estate”) owned by the Plaintiff to the Defendant for the lease deposit of KRW 15 million, monthly rent of KRW 640,000, and the lease period of two years (hereinafter “instant lease contract”). Accordingly, the Defendant is occupying and using the instant real estate by paying the lease deposit amount of KRW 15 million to the Plaintiff.

B. However, the Defendant delayed the payment of monthly rent after June 21, 2015, and the Plaintiff, on November 11, 2015, shall terminate the instant lease agreement on the ground of the failure to pay monthly rent for at least two months to the Defendant.

“The notice was given to the Defendant at that time, and the notice was sent to the Defendant.

C. Around March 10, 2016, the Defendant paid KRW 3 million out of the rent for the month unpaid to the Plaintiff.

(2) According to the above facts, the lease contract of this case was lawfully terminated upon the plaintiff's termination notice on the grounds of the defendant's delinquency in rent for more than two months.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff at the same time with the payment of the remainder after deducting the unpaid rent or unjust enrichment equivalent to the same amount from the lease deposit to the date of transferring the real estate of this case to the plaintiff.

I would like to say.

3. Therefore, from June 21, 2015 to August 20, 2016, the Plaintiff’s unpaid rent for a 14-month period starting from June 21, 2015, which began to delay the payment of the rent or unjust enrichment, due to the refund from the lease deposit, is KRW 8.96 million (6 million X 14 months a month). Of that, if the Plaintiff deducts the said KRW 3 million from the person who received the refund, it shall be unpaid during the said period.

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