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(영문) 수원지방법원 2018.06.27 2018가단2765
건물명도등
Text

1. The defendant shall be the plaintiff.

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

B. From September 23, 2017, the above real estate.

Reasons

1. Basic facts

A. On June 5, 2016, the Plaintiff leased the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant, with the lease deposit of KRW 15,00,000, monthly rent of KRW 1,100,000, and the lease term of KRW 5,00,00, from July 5, 2016 to July 4, 2017.

B. From May 6, 2017, the Defendant did not pay the rent. On January 25, 2018, the Plaintiff filed the instant lawsuit to the effect that the said lease was terminated on the grounds of the Defendant’s delinquency in rent, and the copy of the complaint was served on the Defendant around that time.

C. On March 20, 2018, the Defendant paid KRW 5,000,00 equivalent to the rent from May 6, 2017 to September 22, 2017 to the Plaintiff, but did not pay the remainder of the overdue rent.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the above lease contract is deemed to have been lawfully terminated and terminated due to the Defendant’s delinquency in payment, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 1,100,000 per month from September 23, 2017 to the completion date of delivery of the instant real estate.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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