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(영문) 서울동부지방법원 2017.07.21 2017가단6093

건물명도 등

Text

1. The Plaintiff:

A. Defendant B is the first floor of a multi-household house (five households) with the second floor in Gwangjin-gu, Seoul.

Reasons

1. The cause of the instant claim is as shown in the annexed sheet, and the Defendants do not clearly dispute the cause of the instant claim, and it can be acknowledged by considering the whole purport of the pleadings as a whole in each of the entries in subparagraphs A through 3-2.

According to the above facts, the lease contract between the Plaintiff and the Defendant B is deemed to have been lawfully terminated and terminated on April 4, 2017, when the copy of the complaint of this case containing a declaration of intention to terminate the contract on the ground of the rent delay, was delivered to the Defendant B. Thus, Defendant B is obligated to deliver the leased building of this case to the Plaintiff, and Defendant C has agreed to pay the Plaintiff the rent for the lease of this case in accordance with the agreement. Thus, Defendant C is obliged to pay the Plaintiff the overdue rent of 1,400,000 won (the remainder after deducting the lease deposit from April 2, 2016 to March 27, 2017) and the lease deposit of 3,00,000 won from March 28, 2017 to March 27, 2017, but the Plaintiff requested payment on the basis of the overdue rent as of March 27, 2017.

Until the completion date of delivery of the above building, there is a duty to pay unjust enrichment equivalent to the rent calculated at the rate of KRW 400,000 per month.

2. If so, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.