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(영문) 인천지방법원부천지원 2016.12.08 2016가단115809
건물명도 등 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) In the case of real estate indicated in the attached Table 1st 272.07 square meters, the annexed Table 1, (2), (3) shall be indicated.

Reasons

1. Facts of recognition;

A. On March 1, 2015, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit amount of KRW 8,000,000, monthly rent of KRW 880,000 (including value-added tax) and the lease period of February 28, 2017 (hereinafter “the lease agreement in this case”) with respect to the real estate of KRW 272.07,07,00 in the attached list among the real estate of KRW 1st,3,4,000 in the attached list, as indicated in the attached list, and the Defendant leased the commercial building in this case to the Defendant.

B. The Defendant did not pay the rent of KRW 5,280,000 by September 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in payment of more than two period of fees, and the duplicate of the instant complaint containing the Plaintiff’s expression of intent to terminate the lease agreement was served on October 26, 2016 on the Defendant.

Therefore, the Defendant is obligated to deliver the instant commercial building to the Plaintiff, and return unjust enrichment calculated at the rate of KRW 880,00 per month, which is equivalent to the rent from October 31, 2016 to the completion date of the instant commercial building delivery, and to pay damages for delay calculated at the rate of KRW 5,280,000, which is calculated at the rate of 15% per annum from October 27, 2016 to the completion date of the instant commercial building delivery.

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

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