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(영문) 서울중앙지방법원 2016.12.07 2016가단5194100

건물명도

Text

1. The defendant shall be the plaintiff.

A. An annex drawing (2) out of the 552.10 square meters underground and the 2nd underground floors among the real estate listed in the attached Table list.

Reasons

1. Facts of recognition;

A. On October 7, 2014, the Plaintiff leased the real estate indicated in the separate sheet (hereinafter “instant real estate”) to the Defendant as follows. The Defendant paid the deposit to the Plaintiff and received the delivery of the real estate, and operates “C”.

0. Rental deposit amount: 120,000,000 rental contract period: From October 7, 2014 to October 6, 2015 (2014, 2642 building names also changed from October 6, 2017 to October 6, 2015) monthly rent of KRW 4,500,000 (public charges and surcharges separately).

B. From August 6, 2015 to November 6, 2016, the Defendant delayed the aggregate of KRW 59,850,000 for rent, and the Defendant’s overdue charge amounts to KRW 27,442,490 for the sum of the water rates paid by the Plaintiff on behalf of the Defendant, and the sum of the water rates paid by the Plaintiff or to be paid by the Defendant on behalf of the Defendant was reached KRW 27,42,490, and the aggregate of the overdue charge and the water rate as of November 6, 2016 is KRW 87,292,490.

C. On January 18, 2016, the Plaintiff notified the termination of the lease agreement on the said real estate due to the Defendant’s delinquency in rent by mail proving the content of the lease agreement.

2. According to the facts of the above recognition, since the above real estate lease agreement was lawfully terminated on January 18, 2016 by the notice of termination on the ground of the Plaintiff’s delinquency in payment of rent, the Defendant is obligated to deliver the above real estate to the Plaintiff and return the amount equivalent to the rent calculated by the ratio of KRW 87,292,490, and the sum of the overdue rent or the amount of the overdue rent to the Plaintiff, from November 7, 2016 to the completion date of delivery of the above real estate, as unjust enrichment.