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(영문) 인천지방법원 2017.11.09 2017가단29988
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Attached Form 1, (2), (3), (4), and (4), among the three floors of the real estate listed in the list of real estate in the attached Form;

Reasons

On June 9, 2016, the Plaintiff issued an order to the Defendant on June 9, 2016

The lease deposit amount of KRW 1 million, monthly rent of KRW 300,000 (payment on June 9, 2016 to June 8, 2017), which is 30 square meters in a ship as indicated in the above lease agreement (hereinafter “instant real estate”), is leased from June 9, 2016 to June 8, 2017. According to the above lease agreement, the Plaintiff, a lessee, can immediately terminate the said lease agreement if the Defendant, who is a lessee, delays the payment of two or more vehicles. The Defendant received the instant real estate from the Plaintiff at the time of the above lease agreement and possessed the instant real estate from around that time, and the Defendant did not pay the Plaintiff the rent under the said lease agreement to the Plaintiff from December 2, 2016, comprehensively based on the overall purport of pleadings as stated in subparagraphs 1 and 2, it is evident that the Plaintiff’s declaration of intention to terminate the said lease agreement was served on the Defendant as a copy of the complaint on June 9, 2017.

Therefore, since the instant lease agreement was terminated lawfully on September 4, 2017, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay rent or unjust enrichment calculated by the ratio of KRW 300,000 per month from December 9, 2016 to the delivery of the instant real estate.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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