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(영문) 수원지방법원안양지원 2015.04.30 2014가단19637
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Basic facts

A. On May 5, 1990, C determined a deposit of KRW 4 million and KRW 250,000 per month to the Defendant on May 5, 1990, and leased part (a) of 20 square meters in the ship (hereinafter “instant real estate”) that connects each point of the real estate listed in the attached Form No. 1, 2, 3, 4, 5, 6, and 1 among the real estate listed in the attached Table.

B. Following the continuous renewal of the above lease agreement, C and the Defendant agreed to KRW 5 million deposit with the date unclaimed deposit and KRW 250,000 per month of rent.

Since then, the Defendant continued to pay KRW 250,000 per month to C, and was unpaid from June 5, 2010 to September 4, 2014 as the difference for 51 months. The instant real estate is occupied until around the closing date of the pleadings.

C. Meanwhile, as C died on May 31, 2006, the Plaintiff succeeded to the instant real estate, and the Plaintiff notified the termination of the said lease agreement through the instant complaint.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 2, 3, and 5, the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, since the above lease contract was lawfully terminated on the ground of the defendant's delinquency in payment of rent pursuant to the plaintiff's notice of termination, the defendant shall deliver the real estate of this case to the plaintiff and shall pay to the plaintiff the unpaid rent of KRW 7,750,000 (=250,000 per month x 51 months - deposit 5,000) and damages for delay calculated at the rate of 20% per annum from the day after the copy of the complaint of this case is served to the day of full payment, and shall be liable to pay unjust enrichment equivalent to the rent calculated at the rate of KRW 250,00 per month from September 5, 2014 to the day of delivery of the real estate of this case.

B. On August 27, 2003, the Defendant asserted that the lessee entered into a new lease agreement by changing the lessee into D on August 27, 2003, and thus, it is impossible to respond to the Plaintiff’s claim as the lessee entered into a new lease agreement at KRW 1.50,00 per month. However, the Eul evidence lease agreement under subparagraph 2 is the authenticity.

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