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(영문) 인천지방법원 2018.12.13 2018가단230211
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) 13,038,659 won and attached Forms from June 1, 2018.

Reasons

1. Facts of recognition;

A. On June 1, 2012, the Plaintiff leased the building listed in the attached list (hereinafter “instant store”) to the Defendant, with the period from June 1, 2012 to June 1, 2014, KRW 16 million per deposit, KRW 1.6 million per month of rent (excluding value-added tax), and the period from June 1, 2012 to June 1, 2014.

B. On October 10, 2017, the Plaintiff notified the Defendant of the termination of the lease agreement on the ground that the lease was overdue for at least six months.

C. The Defendant’s overdue rent or unjust enrichment equivalent to the rent is KRW 13,038,659, not later than May 31, 2018.

[Grounds for recognition] Evidence Nos. 1 and 2, and the purport of the whole pleading

2. Inasmuch as the termination notice of the lease agreement on the ground of the overdue delay was terminated, the Defendant is obligated to deliver the instant store to the Plaintiff, and the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the monthly rent in proportion to KRW 13,038,659, and the amount of unjust enrichment equivalent to the overdue rent or the amount of unjust enrichment equivalent to the overdue rent from June 1, 2018 to the date the delivery of the instant store is completed.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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