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(영문) 서울남부지방법원 2016.01.20 2015가단36178
건물인도등
Text

1. The defendant shall be the plaintiff (appointed party), the appointed party C, D, and E:

A. Of the buildings indicated in the attached Form, a room of 220.6 square meters is 220 square meters.

Reasons

1. Basic facts

A. On March 10, 2014, the Plaintiff (Appointed Party) and the Selection C, D, and E (hereinafter collectively referred to as the “Plaintiff, etc.”) entered into a contract with the Defendant for the lease of KRW 220.6 square meters of underground room (hereinafter referred to as the “instant store”) among the attached buildings jointly owned by the Plaintiff, etc. as lease deposit amounting to KRW 10 million, the period until November 22, 2014, and KRW 1,815,000 of monthly rent (including value-added tax) (hereinafter referred to as the “instant lease contract”), and delivered the instant store to the Defendant.

B. The Defendant operated the game room at the instant store, and did not pay a car to the Plaintiff, etc. from July 1, 2014.

C. On June 2, 2015, the Plaintiff, etc. sent to the Defendant a content-certified mail containing the purport that the instant lease contract will be terminated on the grounds of the delinquency in rent, and the said content-certified mail sent to the Defendant around that time.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence No. 3-1 to 3, the purport of the whole pleadings

2. According to the fact of the above recognition, the instant lease contract was lawfully terminated on June 2015.

As such, the Defendant is obligated to deliver the instant store to the Plaintiff, etc., and to pay the rent calculated at the rate of KRW 1,815,00 per month from July 1, 2014 to the completion date of delivery of the instant store, or to pay the corresponding amount of unjust enrichment.

Therefore, the plaintiff (appointed party)'s claim of this case is reasonable, and it is decided as per Disposition by the assent of all participating parties.

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