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(영문) 서울중앙지방법원 2019.07.24 2019가단5054142

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The defendant shall be the plaintiff.

(a) 7,350,000 Won;

Reasons

The facts without dispute, and comprehensively taking account of the purport of the entire pleadings in Gap evidence Nos. 1 and 6, the plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the defendant on August 31, 2015, KRW 10,000 per month, KRW 950,00 per month, management expenses, and KRW 50,000 per month, since the defendant delayed the rent several times, and mutually agreed to terminate the lease on January 31, 2019. The fact that the balance remaining after the defendant deducted the above deposit from the rent in arrears as of June 6, 2019, the fact that the defendant continues to possess and use the instant real estate after the termination of the lease, and the profits from such possession and use shall be deemed KRW 1,00,00 per month.

According to the above facts, since the lease contract of this case has already been terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff, and pay damages for delay calculated at the rate of 12% per annum from July 24, 2019 to the date of complete payment, which is the date of the judgment of this case sought by the plaintiff, and unjust enrichment calculated at the rate of 1 million won per month from July 24, 2019 to the date of complete payment.

The plaintiff's claim shall be accepted on the grounds of its reasoning.