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(영문) 수원지방법원 2015.11.26 2015가단35177
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) As from June 21, 2015, 2,159,050 won and as above.

Reasons

1. On August 10, 2013, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 2 million, KRW 150,000,000 per month (payment after January 20), and KRW 150,000 per year from August 20, 2013 (hereinafter “instant lease agreement”). The Plaintiff delivered the instant real estate to the Defendant. The Defendant occupied, used, profit from, and collected the instant real estate from the date of closing the argument thereafter. The Defendant delayed payment of rent and management expenses from July 21, 2014 to June 20, and the Plaintiff did not pay KRW 180,00,000,000,000,000 from June 20, 2015 (i.e., KRW 152,12,000,000,0000).

According to the above facts, the lease contract of this case is deemed to have been lawfully terminated and terminated on October 7, 2015, when the copy of the complaint of this case, stating the plaintiff's declaration of termination on the ground of delinquency in rent of the defendant, was delivered to the defendant. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay the rent or unjust enrichment equivalent to the rent of this case calculated at the rate of KRW 150,00 per month from June 21, 2015 to June 20, 2015 (= KRW 359,050,000) and the unpaid rent and management fee until June 20, 2015.

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

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