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(영문) 서울남부지방법원 2020.09.08 2020가단1152

건물명도

Text

1. The defendant is against the plaintiffs:

(a) Category 1, 2, 3, 4 and 1 of Annexed Drawings among the strata of the buildings listed in the Annexed List.

Reasons

1. Facts of recognition;

A. On May 30, 2013, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit deposit of KRW 10 million, monthly rent of KRW 80,000,000, and two-year lease term of KRW 10,000,000 with respect to the portion on board (a) part of the ship connecting each point of the 1,2, 3, 4, 4, and 1,000 square meters in sequence of each point of (a) and 9.174 square meters in common, among the land floors of the building listed in the attached list with the Defendant.

B. As of December 20, 2019, the Defendant, from around February 28, 2019, as of December 20, 2019, as of December 10, 2080 of the increased rent, has reached KRW 10,800,000 as of December 20, 2019.

C. The Plaintiffs expressed their intent to terminate the instant lease agreement by serving a copy of the instant complaint on the grounds that the Defendant was in arrears for ten months.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. From February 28, 2019 to December 20, 2019, the Defendant filed a request for extradition of the instant lease agreement with the Plaintiffs in arrears at KRW 10,800,00 as of December 20, 2019, and the Plaintiffs expressed their intention to terminate the instant lease agreement on the ground of the delayed delay by serving a duplicate of the complaint in the instant case. Therefore, the instant lease agreement between the Plaintiffs and the Defendant was terminated, and the Defendant is obligated to deliver the leased portion to the Plaintiffs.

Since the Defendant paid more than KRW 50 million to the leased portion of the instant case due to the test cost, the Defendant asserted that consultation with the Plaintiffs are necessary, but this assertion cannot be asserted against the Plaintiffs’ request for extradition. Therefore, the above assertion is without merit.

B. From February 28, 2019, the Defendant’s delayed payment of the rent under the instant lease agreement from February 28, 2019, as seen earlier, and unjust enrichment due to the Defendant’s possession of the leased portion after the termination of the lease is ratified as the amount equivalent to the rent. Therefore, the Defendant is ratified to the Plaintiffs on February 29, 2019.