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(영문) 의정부지방법원 2018.12.21 2018가합55760

건물명도(인도)

Text

1. The defendant shall enter the real estate listed in the attached list Nos. 1, 2, and 4 to the plaintiff A, and the plaintiff B in the attached list No. 3.

Reasons

1. Basic facts

A. On May 23, 2016, Plaintiff A entered into a contract on the lease of real estate listed in attached Tables 1, 2, and 4 to the Defendant to KRW 15,000,000 per deposit, monthly rent of KRW 1,760,00 (including value-added tax) (hereinafter “instant lease contract”).

B. Upon the Defendant’s delinquency in paying rent for at least three months, the Plaintiff A notified the Defendant that the instant lease agreement was terminated on January 15, 2018.

C. In addition to the real estate listed in paragraph 4 of the attached Table No. 4 of the current lease, the Defendant shall install container stuffs and liftss on the ground of the real estate listed in paragraph 3 of the attached Table No. 3, which is the Plaintiff B owned, and store various wastes,

The defendant's collection and disposal of all kinds of wastes, etc. is expected to bear 38,896,00 won in total.

[Reasons for Recognition] Each entry and video of Gap evidence Nos. 1 through 6 (including paper numbers) and the purport of the whole pleading

2. According to the facts acknowledged in the judgment below, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver the real estate in the attached Table 1, 2, and 4 to the plaintiff who is the lessor under the lease contract of this case, and to deliver the real estate in the attached Table 3 to the plaintiff B who is the owner of real estate.

In addition, the defendant should pay the plaintiff A unjust enrichment equivalent to the unpaid rent and rent that are calculated by the ratio of KRW 1,760,000 per month from July 1, 2018 (the claim that the deposit was fully deducted from the unpaid rent, etc. up to June 30, 2018) that the plaintiff A seeks, to the completion date of delivery of the above real estate.

As long as the instant lease contract is terminated, the Defendant bears the duty to restore the leased object to the Plaintiff, so it is necessary to collect various wastes, etc. loaded on the ground of the real estate stated in the attached Table 3 and 4, and there is no intention to perform it at will.

In the end, it is inevitable for the plaintiff A to directly deal with it later.