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(영문) 의정부지방법원 2015.07.21 2015가단6074
건물명도
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the separate sheet, each point of the attached sheet Nos. 5, 6, 7, 8, and 5 shall be in sequence.

Reasons

1. Indication of claim;

A. On May 30, 2013, the Plaintiff, as the owner of the building indicated in the separate sheet, entered into a lease agreement with the Defendant on a deposit amounting to KRW 2,00,000, monthly rent of KRW 400,000 (hereinafter “instant lease agreement”) with respect to each of the items listed in the separate sheet Nos. 5, 6, 7, 8, and 5, and part 51 square meters inboard (hereinafter “instant building”).

B. After the Defendant leased and delivered the instant building, the amount of the rent for July 2013 through December 4, 2013 and the rent for the four months from January 2014 through April 4, 2014 was unpaid for eight months, and the Plaintiff, through his agent B, revoked the instant lease agreement with the Defendant on May 7, 2014, and the same year.

5. By the 30th day, the instant building was required to be transferred.

C. However, since the defendant did not pay the above overdue rent up to the present time, and continuously occupies and uses the building of this case without delivering it to the defendant, the defendant is obligated to deliver the building of this case to the plaintiff and return the unjust enrichment at the rate of KRW 1,200,000, excluding KRW 2,000,000, which was appropriated as the deposit, out of KRW 3,200,000, and KRW 400,000 from June 1, 2014 to the completion date of delivery of the building of this case.

2. Judgment without holding any pleadings based on a brief statement of the grounds for the judgment (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Some of the dismissed parts are entitled to the deduction from the lease deposit, but there is no reason for the portion of the overdue rent of 2 million won for which payment is sought.

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