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(영문) 서울북부지방법원 2016.08.11 2016가단21466
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 1,798,380 won and May 6, 2016

Reasons

1. Indication of claim;

A. On November 5, 2015, the Defendant entered into a lease agreement with the former owner C by setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 550,000, and the period from November 5, 2015 to November 5, 2016, with respect to the real estate listed in the separate sheet (hereinafter “instant building”), and thereafter occupies the instant building upon delivery.

B. On December 22, 2015, the Plaintiff acquired the ownership of the instant building and succeeded to the lessor’s status.

C. However, from December 2, 2015 to May 5, 2016, the Defendant paid only KRW 650,000 out of the total rent of KRW 2,448,380 corresponding to the 14th day of April, 2016, and delayed payment of the remainder of KRW 1,798,380.

Therefore, the plaintiff expressed his/her intent to terminate the above lease contract because the overdue interest in rent reaches at least two months.

Therefore, as the above lease contract was lawfully terminated, it is sought to pay the delivery of the building of this case, the overdue rent, and the amount of unjust enrichment equivalent to the rent.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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