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(영문) 서울북부지방법원 2016.03.16 2015가단35246
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver 51.02 square meters of geographical strata among the real estate listed in the attached Form;

B. From December 12, 2014, the foregoing.

Reasons

Facts of recognition

On February 12, 2011, the Plaintiff set the lease term of 51.02 square meters (hereinafter in this case’s real estate), among the real estate indicated in the attached Form, as the lease term from February 12, 201 to February 11, 201, the lease deposit amount of 5 million won, and the monthly rent of 50,000 won (payment after February 12, 201) to the Defendant.

After the lease was implicitly renewed, the Defendant paid only the rent for November 2014 to the Plaintiff and delayed payment of the rent thereafter.

Accordingly, the Plaintiff expressed his/her intention to terminate the lease agreement to the Defendant due to the delinquency in rent upon the delivery of the duplicate of the complaint of this case.

【Ground for Recognition: The facts without dispute, Gap evidence No. 1, and the purport of the entire pleadings】 However, according to the above fact-finding, it is reasonable to deem that the above lease was terminated on October 14, 2015, when the copy of the complaint of this case was delivered to the defendant. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, and pay the money calculated by the ratio of KRW 500,000 per month equivalent to the unpaid rent or unjust enrichment equivalent to the rent of this case from December 12, 2014 to the delivery date of the real estate of this case.

If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition by admitting it.

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