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Reasons
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(영문) 서울중앙지방법원 2014.07.02 2014가단5006995
건물명도
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1. The defendant is against the plaintiffs:

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

(b) From June 1, 2014, Ga.

(b) buildings;

Reasons

1. Basic facts

A. On May 1, 2003, the Defendant entered into a contract for the lease of the instant building with D, the owner of the building listed in the attached list (hereinafter “instant building”) by setting the deposit amount of KRW 2.9 million, monthly rent of KRW 400,000, and one year for the lease term (hereinafter “instant contract”).

B. Next, the instant contract was renewed each year by April 30, 2014 (However, the monthly rent was increased to KRW 500,000 on May 1, 2013), and the Defendant has operated new sales business in the instant building during the lease period.

C. On October 14, 2013, the Plaintiffs succeeded to the lessor’s status by acquiring the ownership of the instant real estate from D in 1/2 shares.

On the other hand, the Defendant delayed the payment of monthly rent after March 2014, and the Plaintiffs notified the termination of the instant contract on the grounds of two or more occasions of delinquency by serving a preparatory document as of June 11, 2014, and on the same day, the notification was sent to the Defendant.

On June 2, 2014, the Defendant paid a total of KRW 1.5 million (3,4,5 months) in arrears on the following day.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 8 (including each number), the purport of the whole pleadings]

2. Determination:

A. According to the above facts finding the cause of the claim, the instant contract was lawfully terminated on June 11, 2014 by the Defendant’s declaration of termination due to the Defendant’s default on rent payments.

(A) The Defendant is obligated to deliver the instant building to the Plaintiffs as restitution upon termination, and to pay KRW 2,50,000 per month according to the Plaintiffs’ share as unjust enrichment from June 1, 2014 to June 12, 2014, as unjust enrichment equivalent to the rent or rent from June 1, 2014.

B. Determination of the Defendant’s assertion

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