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(영문) 서울동부지방법원 2016.11.08 2016가단125737
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the first floor, underground 2, 180.13 square meters of the real estate indicated in the attached list;

B. Doese, 2015

Reasons

1. Facts of recognition;

A. On September 30, 2015, the Plaintiff entered into a lease agreement with the Defendant to pay KRW 15,000,000 as lease deposit, up to July 2, 2017, and up to KRW 1,300,00 as of KRW 1,30,00 as of KRW 1,30,000 as of KRW 180,000 as of KRW 1,30,000 as of KRW 1,30,00 as the monthly rent on the attached list (hereinafter “instant lease agreement”).

The Defendant agreed to pay the remainder of the deposit at KRW 5 million on November 3, 2015 and December 3, 2015, respectively.

B. Around that time, the Defendant used the instant store upon delivery, and did not pay the unpaid deposit amount of KRW 5 million and the amount from December 4, 2015.

C. On May 13, 2016, the Plaintiff urged the Defendant by content-certified mail to pay unpaid deposits and rents by the end of May 2016, and if the Plaintiff fails to pay the unpaid deposits and rents within the said period, the lease contract shall be terminated.

“Notice” was given. D.

On July 19, 2016, the Plaintiff filed the instant lawsuit seeking the delivery of the instant store and the payment of unpaid rent due to the termination of the instant lease agreement, and the duplicate of the instant complaint reached the Defendant on August 25, 2016.

[Grounds for recognition] The court's significant facts, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, since the Defendant did not pay rent more than twice, the instant lease contract was terminated on August 25, 2016, on which the copy of the complaint of this case stating the intention to terminate the instant lease contract was served on the Defendant at the latest.

I would like to say.

Therefore, the Defendant is obligated to transfer the instant store to the Plaintiff upon reinstatement, and to return the rent or unjust enrichment equivalent to the rent at the rate of KRW 1,300,000 per month from December 4, 2015 to the delivery date of the instant store, starting from December 4, 2015.

B. As to this, the Defendant suffered from the damages due to the tent leakage of the store of this case.

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