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(영문) 광주지방법원 2019.10.31 2019가단514394

건물명도(인도)

Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and deliver the said real estate from May 18, 2019.

Reasons

1. According to the evidence evidence Nos. 1 through 4 as to the cause of the claim, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) may recognize the fact that, on September 7, 2018, the lease deposit amount was KRW 3 million between the Defendant and the Defendant, KRW 70,000 won per month for rent, and the lease term was from September 20, 2018 to September 19, 2019, and the Defendant did not pay the rent that occurred after December 21, 2018. The Plaintiff expressed his/her intent to terminate the lease agreement on the instant real estate on the grounds that the lease contract was overdue for at least three days by the Defendant, and each of the facts that the copy of the complaint was served on the Defendant on May 17, 2019.

According to the above facts, since the lease contract on the instant real estate was lawfully terminated on May 17, 2019 on the grounds of the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and as requested by the Plaintiff, to pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 70,000 per month from May 18, 2019 to the completion date of delivery of the instant real estate.

2. The judgment of the defendant's assertion and the conclusion of the defendant alleged that the rent for January and February 2019 was remitted to the plaintiff in the name of C and D, but the defendant's assertion is not accepted since there is no evidence to acknowledge the above fact of the defendant's assertion.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.