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(영문) 서울동부지방법원 2015.05.28 2015가단5560
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) As from April 10, 2015, KRW 2,400,00 and above.

Reasons

On July 22, 2014, the Plaintiff leased each of the buildings listed in the separate sheet to the Defendant as KRW 50,000 for the period from July 10, 2014 to March 10, 2015, and KRW 550,00 for monthly rent, respectively. The fact that the Defendant did not pay the rent after August 10, 2014 is not a dispute between the parties, and the fact that the duplicate of the complaint of this case, on which the Plaintiff expressed his/her intent to terminate the instant lease contract, was served on the Defendant on February 25, 2015, is apparent.

Therefore, the lease contract of this case was terminated by the plaintiff's lawful exercise of the right to terminate the lease. Therefore, the defendant is obligated to deliver the building listed in the attached list to the plaintiff as the restoration of the leased object upon the termination of the lease contract, and to pay the plaintiff the amount of overdue rent of 4,400,000 won from August 10, 2014 to April 9, 2015, and the amount of unjust enrichment of 4,400,000 won (=50,000 won x 8 months) less the remainder of 2,400,000 won, and the amount of overdue rent of 50,000 won from April 10, 2015 to April 10, 2015, which is equivalent to the amount of unjust enrichment of 550,000 won from the above delivery completion date. Thus, the plaintiff's claim of this case for this payment is justified and it is so decided as per Disposition.

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