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(영문) 대전지방법원논산지원 2017.10.12 2017가단998
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 800,000 and as regards it, April 2017.

Reasons

1. Facts of recognition;

A. On July 17, 2015, the Plaintiff sub-leaseed the building listed in the attached list owned by Nonparty C (hereinafter “instant building”) to the Defendant by setting the deposit of KRW 20 million, monthly rent of KRW 1.2 million (payment on July 27), and the sublease period from July 17, 2015 to July 9, 2017.

(hereinafter “The sub-lease contract of this case.” According to Article 4 of the sub-lease contract of this case, the Plaintiff, a sub-lease, may terminate the sub-lease contract of this case where the amount of the overdue rent of the Defendant, who is the sub-lease, reaches the rent of two years.

B. The Defendant paid 10 million won out of the deposit to the Plaintiff, and on the other hand, the Defendant paid 10.8 million won in arrears or unjust enrichment by March 2017.

C. On February 27, 2017, the Plaintiff notified the Defendant that the instant sub-lease contract was terminated on the grounds of the foregoing delinquency in rent.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the sub-lease contract of this case was terminated by the Plaintiff’s notice of termination around February 2017.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay damages for delay calculated at the rate of 15% per annum from April 22, 2017 to the day following the delivery date of a copy of the instant complaint to the day of complete payment, and to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of 1.2 million won per month from April 27, 2017 to the day of full payment, as well as to pay damages for delay calculated at the rate of 1.2 million won per month from April 27, 2017 to the day of full payment.

Although the purport of the complaint does not state “from April 27, 2017,” the Plaintiff’s claim does not state “from April 27, 2017.” However, upon examining the cause of the claim, it is clear that the Plaintiff filed a claim by separating the overdue rent or unjust enrichment from March 2017 and the unjust enrichment from April 2017. Therefore, the Plaintiff’s sub-lease contract of this case.

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