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(영문) 서울북부지방법원 2015.10.02 2015가단120526

건물명도

Text

1. The defendant delivers to the plaintiff the apartment as stated in the attached list, as well as the above apartment from July 26, 2013.

Reasons

1. As to the Plaintiff’s assertion, around May 2012, the Plaintiff leased an apartment specified in the attached list to the Defendant with a lease deposit of KRW 15 million, monthly rent of KRW 1 million, and the term of lease from May 26, 2012 to May 26, 2014. Accordingly, the Defendant has no dispute between the parties, and the purport of the entire pleading is added to the Plaintiff’s statement. If the Plaintiff’s remaining purport of the pleading is added to the Plaintiff’s statement in the above lease agreement, it may also be acknowledged that the Plaintiff notified the Defendant of the intention to terminate the said lease agreement from October 2014 to the Defendant on the ground of the repeated delinquency of rent by the Defendant under the above lease agreement. Comprehensively taking into account these facts, the above lease agreement between the Plaintiff and the Defendant is deemed to have been lawfully terminated at the latest due to the Defendant’s repeated delay of rent, and thus, the obligation of the Defendant to deliver the apartment to the Plaintiff or to pay the amount equivalent to the Plaintiff’s unjust enrichment from December 16, 2016.

2. According to the conclusion, the Plaintiff’s claim of this case seeking the fulfillment of each of the above obligations is justifiable. Thus, it is accepted as it is.